---
title: O.C.G.A. § 11-2-312. Warranty of title and against infringement; buyer’s obligation against infringement.
collection: code
id: 11-2-312
cite_as: O.C.G.A. § 11-2-312 (2025)
canonical_url: https://georgiacommons.org/code/11-2-312
md_url: https://georgiacommons.org/code/11-2-312.md
text_url: https://georgiacommons.org/code/11-2-312/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t11-(v9)-2022-pdf.pdf?sfvrsn=b5451bbd_0#page=107
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCIAL CODE / SALES / GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
---

# O.C.G.A. § 11-2-312. Warranty of title and against infringement; buyer’s obligation against infringement.

(1) Subject to subsection (2) of this Code section there is in a contract for sale a warranty by the seller that:

(a) The title conveyed shall be good, and its transfer rightful; and

(b) The goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.

(2) A warranty under subsection (1) of this Code section will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such right or title as he or a third person may have.

(3) Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.

## History

Code 1933, § 109A-2-312, enacted by Ga. L. 1962, p. 156, § 1.

## Law Reviews

For article, “Sales Warranties Under Georgia’s Uniform Commercial Code,” see 1 Ga. St. B.J. 191 (1964).

For article discussing interpretation of warranties under the Uniform Commercial Code, see 4 Ga. L. Rev. 469 (1970).

For note, “Allowance of Punitive Damages in Products Liability Claims,” see 6 Ga. L. Rev. 613 (1972).

For article discussing the implied warranty of fitness for a particular purpose, see 9 Ga. L. Rev. 149 (1974).

For article, “Products Liability Law in Georgia: Is Change Coming?,” see 10 Ga. St. B.J. 353 (1974).

For article, “Buyer’s Right of Rejection: A Quarter Century Under the Uniform Commercial Code, and Recent International Developments,” see 13 Ga. L. Rev. 805 (1979).