Cemetery Brokers - A Word of
Caution about Cemetery Broker Commissions and Fees
The Final Arrangements Network
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An Important Word of Caution to Private Owners of Cemetery Property Considering Using Representation, Paying Commissions, a Representation Fee or Both, to any Individual or Company for Marketing Their Property Across State Lines
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Please be extremely cautious when listing your property with any company internet or otherwise, who takes a fee and/or a commission for selling your property. A person or company who requires a commission is known as a Cemetery Broker. The Final Arrangements Network is not a cemetery brokerage firm. Please read ABOUT US for more on this. Final Arrangements charges a single, one time, advertising processing fee. This fee also covers any and all changes to an owner's registered property listing, no matter how long that owner stays listed. Unlike classified advertising, which generally charge for additional days, weeks or months; once an owner is registered with The Cemetery Registry, there are never any more costs.
Final Arrangements is an information source for buyers and sellers of cemetery property. This does not require a license and allows us to advertise an owner's property worldwide. Cemetery Brokers, on the other hand, must possess a license to act as a Broker in many US States and particularly in the state where the property is located. In some States although not illegal to act as a Cemetery Broker without a license, there are very strict rules that must be met. Be sure to get a copy of the license or make sure they can tell you the rules of the State you plan to sell in from anyone who wishes to represent you in the sale of your property. If you are unsure or they don't know contact your State Government's Cemetery Regulations and Licensing to make sure you understand the rules.
Most Cemeteries do not market property they have already sold. In some States there are legal restrictions that prevent Cemeteries from engaging in this resale practice. In others the Cemeteries have corporate policies preventing it. If you are approached by a representative of a cemetery offering to sell your property for a fee and or commission, you should contact the Cemetery to insure the Cemetery is allowing its sales people to engage in this type of representation and that it is even legal in your State.
It is, generally, unlawful for Funeral Homes in many US States to market cemetery property. Any company purporting to sell your property through a funeral home should be viewed with extreme caution and a call to the local funeral homes in the area where your property is located should be done before contracting with any individual or company representing itself to operate through funeral homes to market your property.
You should be extremely wary if you are required to pay a fee plus a commission in order to have your property marketed by anyone. Like Real Estate Brokers, most legitimate Cemetery Brokers make their income from successfully selling your property.
A legitimate Cemetery Brokerage firm will be able to produce a license indicating they have the legal right to market cemetery property in the state in which your property is located and the state agency that issued and oversees Cemetery Brokers in that state. They should also be able to provide you with a list of references of buyers, funeral homes they work with and owners like yourself, who they have successfully performed their services for. If they can't, and cannot provide you with the Statute or Law of the State, which says they don't need a license, do not sign any contract without first consulting an attorney from that jurisdiction. The Laws regarding cemeteries, funeral homes and funeral insurance are very restrictive for a reason. They are there to protect us the public. Be cautious dealing with anyone that wants you to give them money for them to represent your property. Again the Cemetery Broker should derive his or her income from a commission (generally 5% to 15%) when they successfully sell your property. It is unusual for a Cemetery Broker to require the seller to pay the advertising costs for his or her property, just as it is with real estate brokers.
Please write us if you have any questions regarding this
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