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.
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.
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