How do I draft a letter to a cemetery about a mistake in a plot sale?
I’m looking for a lawyer who will write a letter to Lakewood Cemetery. The location for the double plot we purchased was not accurately pointed out on the site by the salesperson.
My mother, my other brother, and I can all attest to this. We paid over $10,000 to be near a big tree so we could sit by my brother’s grave. Once they placed the marker, it was not near the large tree as shown at the time of purchase.
I have reached out to them about this and have not received a response. The marker is placed, but we canceled the interment until this matter is resolved. We did not pay the high amount of money to be by a less attractive arborvitae away from the tree. We had hoped to sit by and lean on to talk to my brother.
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The first step I would suggest in drafting a letter to Lakewood Cemetery would be to formally document your concerns in a clear but respectful way.
The letter should outline the facts: your purchase of the double plot, the understanding that the plot would be located near the large tree as represented by their sales staff, the actual placement of the marker away from that location, and the impact this has on your family’s ability to find peace and connection when visiting.
You want to request that they relocate the marker—and thus the plot itself—closer to the tree before the interment occurs, emphasizing that no other markers currently exist in that area, so the adjustment would not disrupt any existing arrangements.
It’s important to make clear that you’re seeking an amicable resolution and that you’ve attempted to communicate with them previously but have received no response.
From a legal perspective, you might also want to mention that the location of the burial plot as sold is an essential term of your purchase agreement, and that if the cemetery fails to honor that term, it could be considered a breach of contract or misrepresentation. While cemeteries do have some discretion in plot placements, they are generally bound to provide the plot as purchased or as agreed upon, especially if the location was explicitly represented and was a material factor in your decision to buy.
Since the interment hasn’t occurred yet and only the marker is in place, you are in a stronger position to request the move without additional complications.
If the cemetery continues to ignore your requests or refuses to correct the issue, you could potentially escalate by threatening to pursue remedies such as filing a complaint with a consumer protection agency or taking legal action for breach of contract or misrepresentation, but I would advise trying to keep the tone professional and cooperative in the initial letter to encourage a resolution without litigation.
To get this started, you should gather whatever documentation you do have, including the plot number, any receipts or contracts, and statements or affidavits from your witnesses who recall the sales pitch about the location. This will help support your position and demonstrate that your claim is serious and well-founded.
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I’m looking for a lawyer who will write a letter to Lakewood Cemetery. The location for the double plot we purchased was not accurately pointed out on the site by the salesperson.
My mother, my other brother, and I can all attest to this. We paid over $10,000 to be near a big tree so we could sit by my brother’s grave. Once they placed the marker, it was not near the large tree as shown at the time of purchase.
I have reached out to them about this and have not received a response. The marker is placed, but we canceled the interment until this matter is resolved. We did not pay the high amount of money to be by a less attractive arborvitae away from the tree. We had hoped to sit by and lean on to talk to my brother.
I understand the importance of having a peaceful and meaningful place to visit your loved one. Can you please tell me if you have any documentation of the original agreement with Lakewood Cemetery regarding the location of the plot in relation to the tree?
We have the number of the plot, and three witnesses. I don’t believe we have the diagram/map though I could double check with my family.
have you considered any specific outcomes or resolutions you are hoping to achieve by having a lawyer write a letter to lakewood cemetery?
Yes. We would like the marker (therefore future corresponding plot) moved closer to the big tree. There are no other markers there yet.
Also, the interment hasn’t happened yet, so there’s only the marker to move.
Is there anything else the lawyer should know before I connect you? Rest assured, they'll be able to help with your plot location issue.
Greetings! I hope this message finds you well. My name is Angelo, and I'm an experienced and licensed attorney with over 40+ years of practice in the field of Law. I'm thrilled to have the opportunity to assist you with your situation and provide you with the support you need. Thank you for your patience, and I look forward to working with you.
From what you’ve shared, you purchased a double plot with the clear understanding, presumably conveyed by the sales person, that it would be near a large tree, which was a key factor in your decision given its significance as a comforting spot to visit and remember your brother. Now, with the marker placed away from that tree near a less appealing arborvitae, your family understandably feels let down, especially since you’ve already paid a substantial amount and the interment has been delayed pending resolution.
The fact that you have the plot number and witnesses to the sales representation is a good start, even if you don’t have the exact site map or diagram, as those witnesses can help support your claim about what was promised.
The first step I would suggest in drafting a letter to Lakewood Cemetery would be to formally document your concerns in a clear but respectful way.
The letter should outline the facts: your purchase of the double plot, the understanding that the plot would be located near the large tree as represented by their sales staff, the actual placement of the marker away from that location, and the impact this has on your family’s ability to find peace and connection when visiting.
You want to request that they relocate the marker—and thus the plot itself—closer to the tree before the interment occurs, emphasizing that no other markers currently exist in that area, so the adjustment would not disrupt any existing arrangements.
It’s important to make clear that you’re seeking an amicable resolution and that you’ve attempted to communicate with them previously but have received no response.
From a legal perspective, you might also want to mention that the location of the burial plot as sold is an essential term of your purchase agreement, and that if the cemetery fails to honor that term, it could be considered a breach of contract or misrepresentation. While cemeteries do have some discretion in plot placements, they are generally bound to provide the plot as purchased or as agreed upon, especially if the location was explicitly represented and was a material factor in your decision to buy.
Since the interment hasn’t occurred yet and only the marker is in place, you are in a stronger position to request the move without additional complications.
If the cemetery continues to ignore your requests or refuses to correct the issue, you could potentially escalate by threatening to pursue remedies such as filing a complaint with a consumer protection agency or taking legal action for breach of contract or misrepresentation, but I would advise trying to keep the tone professional and cooperative in the initial letter to encourage a resolution without litigation.
To get this started, you should gather whatever documentation you do have, including the plot number, any receipts or contracts, and statements or affidavits from your witnesses who recall the sales pitch about the location. This will help support your position and demonstrate that your claim is serious and well-founded.
I hope I was able to help you and answer all of your questions and concerns. Is there any part of my response that you need clarification on or any further information? Did you have any other questions on this subject for me today?
Thank you, Angelo. I find this very helpful and good advice.
My only other question is, would you please send this to my email so I can print it, save it, and forward it to my two family members?
Also, if we need an attorney letter in the future after exhausting the two suggestions we would do first, are you available to write that letter, and for what fee?
I’m really glad to hear that my advice was helpful to you—that kind of situation is never easy, and it’s important you feel supported and clear about your options. Regarding your request to have this sent by email, I’m not able to send emails directly, but what I can do is help you draft a clean, professional letter that you can easily copy and paste into a document or email to print and share with your family.
That’s ok. Thank you.
You’re very welcome! Thank you so much for giving me the opportunity to assist you, and please don't hesitate to reach out if you have any further questions or concerns.
Thank you for your time as well! Thank you for using AskaLawyer! It was my pleasure assisting you with your situation.
Angelo M
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