La Pine, OR asked in Contracts for Oregon

Q: Cemetery sale question

Cemetery is now saying I cannot sell the vault and that they only have to give me what is was worth back in 1978. This is what the contract says, can they do this?

Terms & Conditions: 3. Transfer of Interest-Purchaser shall have the right at any time as long as not in default under the terms of the agreement to transfer the interest of purchaser in this agreement and the property covered thereby. Said transfer to become effective must be recorded upon the books of the company.

Merchandise Certificate-In consideration of the payment of the sum referred to hereinbefore, Springfield Memorial Gardens also certifies that the person(s) named in this instrument is entitled to delivery of the merchandise designated as purchased in a sale agreement dated July 7, 1978 to-wit: 1 burial vault, 1 individual grave marker.

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1 Lawyer Answer

A: Based on the above contract language, it would appear you have the right to sell to whomever. If the contract also has an attorney's fees provision, you might be able to get an attorney to take your case and send a nasty letter to them to get them to comply with the terms of the contract.

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