Official Code of Georgia Annotated

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

44-5-66. Action for breach of warranty — Measure of damages.

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

Upon a breach of a covenant of warranty of title to land, the damages awarded should be the purchase money with interest thereon from the time of sale unless the jury determines, under the circumstances of the case, that the use of the premises was equal to the interest on the money and determines that an equitable setoff should be allowed. However, if valuable improvements have been made on the premises, the interest should be allowed.

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, § 2889; Code 1868, § 2897; Code 1873, § 2948; Code 1882, § 2948; Civil Code 1895, § 3804; Civil Code 1910, § 4400; Code 1933, § 20-1412.

Law reviews

For article surveying recent legislative and judicial developments in Georgia’s real property laws, see 31 Mercer L. Rev. 187 (1979).

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