Georgia Code
Article 1 - Georgia Land Sales Act
§ 44-3-12. Burden of Proof of Exemption

In any action, civil or criminal, where a defense is based upon any exemption provided for in this article, the burden of proving the existence of such exemption shall be upon the party raising such defense.
History. Code 1981, § 44-3-18 , enacted by Ga. L. 1982, p. 1431, § 1; Ga. L. 1983, p. 3, § 33; Ga. L. 1990, p. 606, § 1; Code 1981, § 44-3-12 , as redesignated by Ga. L. 1995, p. 993, § 1.
Editor’s notes.
Ga. L. 1995, p. 993, § 1, renumbered former Code Section 44-3-12 as present Code Section 44-3-9.

Structure Georgia Code

Georgia Code

Title 44 - Property

Chapter 3 - Regulation of Specialized Land Transactions

Article 1 - Georgia Land Sales Act

§ 44-3-1. Short Title

§ 44-3-2. Definitions

§ 44-3-3. Registration Statement; Accompanying Documents; Material Changes; Property Report; Lots or Parcels Subject to Blanket Encumbrances; Records Subject to Inspection by Purchaser; Copy of Property Report to Be Given to Prospective Purchasers; S...

§ 44-3-4. Exemptions From Code Section 44-3-3

§ 44-3-5. Violations of Article

§ 44-3-6. Order Prohibiting Act, Practice, or Transaction in Violation of Article; Injunctive Relief

§ 44-3-7. Willful Violation of Article; Effect on Statutory or Common-Law Right to Punish Violations; Effect of Article on Attorney General

§ 44-3-8. Rights of Buyer Upon Violation; Persons Liable for Violations; Limitation on Actions; Survival of Actions; Effect on Statutory or Common-Law Rights; Exemption of Advertisers From Liability

§ 44-3-9. Venue

§ 44-3-10. Business Records Required

§ 44-3-11. Certain Waivers in Contract Void

§ 44-3-12. Burden of Proof of Exemption

§ 44-3-13. Application of Prior Law to Actions, Registrations, and Orders Prior to July 1, 1990

§ 44-3-14. Business Records Required

§ 44-3-16. Certain Waivers in Contract Void

§ 44-3-18. Burden of Proof of Exemption; Effect of Certificate of Commission Stating Compliance or Noncompliance With Article; Admissibility of Copies of Documents

§ 44-3-19. Application of Prior Law to Actions, Registrations, and Orders Prior to July 1, 1990; Application of Code Section 44-3-13 to Review of Orders Not Instituted by July 1, 1990