Yes — and federal law says the cemetery must accept it.
Most families don't know this. The funeral home and the cemetery sales office do not tell you because it costs them the resale margin. Here's what the law actually says, and how to buy a monument directly from the manufacturer.
Yes. There is no law that requires you to purchase a headstone from a funeral home, a cemetery, or any specific vendor. The Federal Trade Commission's Funeral Rule has codified consumer rights in this area since 1984, and the same protection applies broadly to monuments. You may purchase your headstone directly from the manufacturer.
The cemetery can set reasonable specifications for what is installed on its grounds — size, granite color, foundation type. That is fair. But it cannot require you to buy from the cemetery itself, and the funeral home cannot refuse to coordinate with an outside monument company.
The reason most families don't know this is because nobody at the funeral home or the cemetery office is going to volunteer the information. Their margin depends on you not asking.
The FTC Funeral Rule (16 CFR Part 453) is a federal consumer-protection regulation that has been in force since April 30, 1984. The Rule was originally written to address abuses around caskets, but it established a broader framework that has shaped the entire industry.
Funeral providers must give you an itemized General Price List in writing, on request. You have a right to know the price of every individual item — they cannot bundle them into one all-in number that hides the components.
Funeral homes must accept caskets, urns, and other funeral goods you purchase from a third party. They cannot refuse service or charge a handling fee for using outside goods. The principle extends to monuments — funeral homes are not allowed to obstruct a family that chooses to buy elsewhere.
You cannot be forced to buy services or items you do not want as a condition of receiving the services you do want. This is the heart of the Rule.
The Rule is enforced by the Federal Trade Commission. Funeral homes that violate it can be fined and, in repeat-offender cases, lose their license. The FTC publishes consumer guidance at consumer.ftc.gov.
Cemeteries are private property and they do have authority to regulate what gets installed on their grounds. But that authority has limits.
A reputable monument company will ask you for the cemetery name before drawing anything. We do. We obtain the cemetery's specifications in writing and design within them. If the cemetery rejects something we built, that is on us — not on you.
Call the cemetery office or look up their monument specifications online. Note the section, the allowed size, the allowed colors, and the foundation requirement. Ask for it in writing if it is not posted.
Look for a monument company, not a broker or a reseller. Ask: 'Do you manufacture monuments in-house, or do you order them from somewhere else?' A real manufacturer will answer plainly.
A reputable monument company will not start designing until they have the cemetery's specs. They design within those specs so the monument is accepted on the first try.
Before a single piece of stone is cut, you should see a digital proof of the design — granite color, lettering, layout, any art. You approve it in writing before production starts.
The monument company handles the cemetery foundation permit and the setting appointment. If the cemetery charges a foundation fee, that is paid directly to the cemetery, not to the monument company.
Visit the cemetery within a week of installation. Verify the monument is set straight, the engraving is correct, and the foundation is finished cleanly. A reputable company will return at no charge if anything needs correcting.
Funeral homes and cemetery sales offices typically mark up monuments 40–60% over what they pay the manufacturer. That is not an accusation — it is the standard industry margin and it is documented in multiple consumer price guides.
On a $2,800 single upright monument, that means the funeral home is buying it from the manufacturer for around $2,800 and selling it to your family for $4,200–$4,800. The same stone, made by the same people. The only difference in the transaction is who collected the difference.
Buying directly typically saves a family $500 to $2,000. On a companion monument, the savings can be higher.
We don't think families should pay a grief tax. Read more about the funeral home markup problem →
Gifford Monument Works has been the manufacturer since 1936. Call us, give us the cemetery, and we will design within the rules and quote you a Not-to-Exceed price.
Ada, Oklahoma & Wylie, Texas · Since 1936