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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 3. REGULATION OF SPECIALIZED LAND TRANSACTIONS · Article 1. GEORGIA LAND SALES ACT

44-3-6. Order prohibiting act, practice, or transaction in violation of article; injunctive relief.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Whenever it appears to the district attorney or the Attorney General, either upon complaint or otherwise, that any person has engaged in, is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by this article, the district attorney or the Attorney General, or both, may in their discretion apply to any court of competent jurisdiction in this state including the Superior Court of Fulton County for an injunction restraining such person and that person’s agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or from doing any acts in furtherance thereof and for the appointment of a receiver or an auditor and such other and further relief as the facts may warrant.#

  2. (b)

    In any proceedings for an injunction, the district attorney or the Attorney General may apply for and be entitled to have issued the court’s subpoena requiring:#

    1. (1)

      The immediate appearance of any defendant and that defendant’s agents, employees, partners, officers, or directors; and#

    2. (2)

      The production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction.#

  3. (c)

    Upon proof of any of the offenses described in this Code section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of purchasers as the facts may warrant.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 44-3-9, enacted by Ga. L. 1982, p. 1431, § 1; Ga. L. 1983, p. 3, § 33; Ga. L. 1986, p. 10, § 44; Ga. L. 1990, p. 606, § 1; Ga. L. 1991, p. 94, § 44; Code 1981, § 44-3-6, as redesignated by Ga. L. 1995, p. 993, § 1.

Editor's notes

Ga. L. 1995, p. 993, § 1, repealed former Code Section 44-3-6, relating to administration of article by commission and real estate commissioner and renumbered former Code Section 44-3-9 as Code Section 44-3-6, effective July 1, 1995. Former Code Section 44-3-6 was based on Ga. L. 1971, p. 856, § 12; Ga. L. 1972, p. 638, § 12; Code 1981, §§ 44-3-23, 44-3-50; Code 1981, § 44-3-6, enacted by Ga. L. 1982, p. 1431, § 1; Ga. L. 1983, p. 3, § 33; Ga. L. 1990, p. 606, § 1.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch1-7-(v31)-2010-pdf.pdf, Volume V31, 2010 edition, page 190; merge action: carried; file SHA-256 490191d3dc54.