Preneed Salesperson

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Background check

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Preneed salesperson means an individual employed by a certified provider to engage in the sale of prearrangement or preconstruction sales contracts funded by trusts on behalf of the certified provider. Preconstruction sales or preconstruction sales contract means any sale made to a purchaser, which has as its purpose the furnishing of undeveloped interment, entombment or cremation spaces and where the sale terms require payment or payments to be made at a currently determinable time. The sale and conveyance of interment rights in existing plots, crypts or niches does not constitute preneed sales, even when the sale takes place years in advance of death. If you sell only existing plots, crypts or niches, you need not register to sell preneed. However, if you also sell goods or services that are not considered "delivered" at the time of the sale, like opening and closing, you must register. Delivery occurs when: (a) Physical possession of the funeral and cemetery merchandise is transferred to the purchaser; (b) Title to the funeral and cemetery merchandise has been transferred to the purchaser, has been paid for, and is in the possession of the seller, who has placed it, until needed, for storage on the seller's premises; or (c) The merchandise has been identified for the purchaser or the beneficiary and held by the manufacturer for future delivery. Sales funded by an insurance policy or an annuity contract are also excluded from the definition of preneed sales. Only a registered preneed salesperson or other funeral service licensee shall engage in prearrangement or preconstruction sales that are funded by trusts.