Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 5. ACQUISITION AND LOSS OF PROPERTY · Article 3. COVENANTS AND WARRANTIES

44-5-61. Implied warranty of title.

Active

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

In a sale of land there is no implied warranty of title.

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

Civil Code 1895, § 3613; Civil Code 1910, § 4193; Code 1933, § 29-302.

Law reviews

For article surveying contracts — Caveat Emptor and Merger by Deed, see 34 Mercer L. Rev. 76 (1982). For note discussing application of caveat emptor to home sales in Georgia, and nationwide trend toward recognition of implied warranties of workmanlike construction and habitability, see 29 Mercer L. Rev. 323 (1977).

Other notes

History of Code section.: This Code section is derived from the decisions in McDonald v. Beall, 55 Ga. 289 (1875) and McDonough & Co. v. Martin, 88 Ga. 675, 16 S.E. 59 (1892).

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 447; merge action: carried; file SHA-256 490191d3dc54.