---
title: O.C.G.A. § 51-6-4. Fraud by acts or silence; estoppel to assert title.
collection: code
id: 51-6-4
cite_as: O.C.G.A. § 51-6-4 (2025)
canonical_url: https://georgiacommons.org/code/51-6-4
md_url: https://georgiacommons.org/code/51-6-4.md
text_url: https://georgiacommons.org/code/51-6-4/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t51-(v39)-2017-pdf.pdf?sfvrsn=6b891965_0#page=641
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: TORTS / FRAUD AND DECEIT
---

# O.C.G.A. § 51-6-4. Fraud by acts or silence; estoppel to assert title.

(a) A fraud may be committed by acts as well as words.

(b) One who silently stands by and permits another to purchase his property, without disclosing his title, is guilty of such a fraud as estops him from subsequently setting up such title against the purchaser.

## History

Orig. Code 1863, § 2908; Code 1868, § 2915; Code 1873, § 2966; Code 1882, § 2966; Civil Code 1895, § 3823; Civil Code 1910, § 4419; Code 1933, § 105-304.

## Law Reviews

For comment on Cohen v. Pullman Co., 243 F.2d 725 (5th Cir. 1957), holding that an oral agreement to sell land which is unenforceable because of the statute of frauds cannot be the basis for recovery of damages in fraud and deceit as the purpose of the statute of frauds is to prevent persons from being liable for nonperformance of such claimed promises, see 20 Ga. B. J. 427 (1958).