How to sell an used cemetary plot?

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How to sell an used cemetary plot?

Our parents purchased cemetery plots in the 60’s for $125 each. The contract states they cannot sell them to another person, only back to the cemetery at market value. Both parents have been cremated so no longer need the plots. The cemetery owners are only willing to give $250 each, even though it is full and many are on the waiting list. We have friends who really want these plots. Is there anything we can do? I am sure “market price” is much more than $250 after 50 years.

Asked on October 6, 2012 under Business Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you carefully read the purchase contract for these plots particularly any restrictions on resale. Once read you might need to consult with a real estate attorney as to the validity and enforceability of the restriction. At first glance the restriction on resale seems invalid under state law.

One option is to "give" the plots to some friends via a deed where they can "give" you money later on. The cemetery need not know how the transfer happened.


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