(a) The Cemetery Board will approve resale of a lot or grave owned by persons, firms or corporations engaged in the business or practice of funeral directing pursuant to article 34 of the Public Health Law prior to September 1, 1949, there being no objectionable factors, upon proof that the cemetery corporation has refused to repurchase the same as provided in section 1513(c) of the Not-for-Profit Corporation Law provided that:

1. (1) the resale be made only for immediate use and not in advance of need, except for the sale of a reserve grave for a spouse if purchased at the same time as the grave purchased for immediate use;
2. (2) the price shall be as closely equivalent as possible to the price posted and filed by the cemetery corporation for a comparable lot or grave;
3. (3) the seller shall pay to the cemetery corporation wherein the lot or grave is located within five days of the signed agreement, a sum equivalent to 25 percent of the gross resale price, which sum shall thereupon be deposited by the cemetery corporation into its permanent and current maintenance funds as established by and subject to the provisions of section 1507(a) of the Not-for-Profit Corporation Law, as follows: not less than 25 percent into the statutory funds.