---
title: O.C.G.A. § 11-2A-212. Implied warranty of merchantability.
collection: code
id: 11-2A-212
cite_as: O.C.G.A. § 11-2A-212 (2025)
canonical_url: https://georgiacommons.org/code/11-2A-212
md_url: https://georgiacommons.org/code/11-2A-212.md
text_url: https://georgiacommons.org/code/11-2A-212/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=285
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
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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 / LEASES / FORMATION AND CONSTRUCTION OF LEASE CONTRACT
---

# O.C.G.A. § 11-2A-212. Implied warranty of merchantability.

(1) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.

(2) Goods to be merchantable must be at least such as:

(a) Pass without objection in the trade under the description in the lease agreement;

(b) In the case of fungible goods, are of fair average quality within the description;

(c) Are fit for the ordinary purposes for which goods of that type are used;

(d) Run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved;

(e) Are adequately contained, packaged, and labeled as the lease agreement may require; and

(f) Conform to any promises or affirmations of fact made on the container or label.

(3) Other implied warranties may arise from course of dealing or usage of trade.

## History

Code 1981, § 11-2A-212, enacted by Ga. L. 1993, p. 633, § 1.