Official Code of Georgia Annotated

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

44-5-65. Action for breach of warranty — Necessity for offer to rescind; mitigation of damages.

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

To recover upon a breach of a covenant of warranty of title, the warrantee need not offer to rescind the deed. However, an offer by the warrantor to rescind the deed and a refusal by the warrantee should be considered in estimating damages.

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

Orig. Code 1863, § 2666; Code 1868, § 2662; Code 1873, § 2704; Code 1882, § 3616; Civil Code 1895, § 3616; Civil Code 1910, § 4196; Code 1933, § 29-305.

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

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