In a sale of land there is no implied warranty of title.
History. Civil Code 1895, § 3613; Civil Code 1910, § 4193; Code 1933, § 29-302.
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).
Law reviews.
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).
For article surveying contracts — Caveat Emptor and Merger by Deed, see 34 Mercer L. Rev. 76 (1982).
Structure Georgia Code
Chapter 5 - Acquisition and Loss of Property
Article 3 - Covenants and Warranties
§ 44-5-59. Covenant Running With the Land Between Property Owner and Third Party
§ 44-5-61. Implied Warranty of Title
§ 44-5-62. General Warranty — Scope
§ 44-5-63. General Warranty — Defects Known to Purchaser
§ 44-5-64. Action for Breach of Warranty — Burden of Proof
§ 44-5-65. Action for Breach of Warranty — Necessity for Offer to Rescind; Mitigation of Damages
§ 44-5-66. Action for Breach of Warranty — Measure of Damages
§ 44-5-67. Breach of Bond for Title to Land; Measure of Damages