California Pre-Need Funeral Contract Cancellation

[Your Name] [Your Address] [City, State ZIP] [Your Phone] [Your Email] [Date] Via Certified Mail, Return Receipt Requested [Funeral Home Name] [Funeral Home Address] [City, State ZIP] Re: DEMAND FOR CANCELLATION AND REFUND - Pre-Need Funeral Contract Contract Number: [Contract Number] Contract Date: [Original Contract Date] Purchaser: [Your Name or Beneficiary Name] Dear [Owner/Manager Name or "To Whom It May Concern"]: I write to formally demand cancellation of the above-referenced pre-need funeral contract and immediate refund of all payments made thereunder. This demand is made pursuant to California Health and Safety Code Section 7735, which provides consumers with an unconditional right to cancel pre-need funeral contracts within thirty (30) days of execution. FACTUAL BACKGROUND On [Contract Date], I entered into a pre-need funeral contract with [Funeral Home Name] for funeral services with a total contract price of $[Amount]. To date, I have paid $[Amount Paid] toward this contract. [Choose the applicable paragraph based on your situation:] [FOR 30-DAY CANCELLATION:] This cancellation request is made within thirty (30) days of the contract execution date. Under Health and Safety Code Section 7735, I am entitled to cancel this contract for any reason during this period and receive a full refund of all payments made. [FOR POST-30-DAY CANCELLATION:] Although more than thirty (30) days have elapsed since contract execution, I am exercising my right to cancel this contract. I am entitled to a refund of all trust fund amounts plus accrued interest pursuant to Health and Safety Code Section 7735.5. [FOR FRAUD/MISREPRESENTATION:] I am canceling this contract due to material misrepresentations made by your sales representative, [Name if known], including [describe specific misrepresentations - e.g., "false claims that prices would be permanently locked," "misrepresentation of services included," "failure to disclose mandatory fees"]. These misrepresentations constitute fraud and violations of the California Consumer Legal Remedies Act, Civil Code Section 1750 et seq. [FOR PORTABILITY DISPUTE:] I am exercising my right under Health and Safety Code Section 7737.3 to transfer this pre-need contract to [New Funeral Home Name]. You are required to transfer all trust funds held under this contract to the new provider within a reasonable time. Your refusal to honor this transfer request violates California law. LEGAL BASIS California Health and Safety Code Section 7735 provides: "A pre-need contract may be canceled at any time within 30 days of the making of the contract. Upon cancellation, the purchaser is entitled to a full refund." Health and Safety Code Section 7735.5 requires that at least 70% of pre-need payments be deposited into trust within 30 days. Upon cancellation, I am entitled to the return of all trust funds plus accrued interest. [IF APPLICABLE:] Your [refusal to process cancellation / failure to refund payments / misrepresentations] also violates the California Consumer Legal Remedies Act, Civil Code Sections 1750-1784, which prohibits unfair and deceptive practices in consumer transactions. DEMAND I hereby demand: 1. Immediate cancellation of pre-need funeral contract number [Contract Number]; 2. Full refund of all payments made, totaling $[Amount], including trust funds of approximately $[70% of payments] plus all accrued interest; 3. Written confirmation of cancellation within ten (10) days of this letter; 4. Refund payment within thirty (30) days of this letter. CONSEQUENCES OF NON-COMPLIANCE If you fail to honor this cancellation request and process the refund within the time specified, I will: 1. File a formal complaint with the California Cemetery and Funeral Bureau requesting investigation, restitution, and disciplinary action against your license; 2. Pursue all legal remedies available under California law, including claims for breach of contract, conversion, and violations of the Consumer Legal Remedies Act; 3. Seek recovery of all damages including the refund amount, prejudgment interest at 10% per annum, CLRA statutory damages, and attorney fees and costs. Please govern yourself accordingly. Sincerely, _______________________ [Your Signature] [Your Printed Name] cc: California Cemetery and Funeral Bureau (if filing complaint) Enclosures: - Copy of Pre-Need Funeral Contract - Copies of Payment Receipts - [Any relevant correspondence]