the damages that may be awarded to the purchaser in any civil action shall be limited solely to the amount of the bid funds tendered at the sale plus interest on the funds at the rate of 18 percent annually, calculated daily. Notwithstanding any other provision of law, specific performance shall not be a remedy available under this Code section.
History. Code 1981, § 9-13-172.1 , enacted by Ga. L. 2003, p. 413, § 1; Ga. L. 2021, p. 922, § 9/HB 497.
The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “rescission” for “recision” twice in subsection (b).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2003, “usual” was substituted for “ususal” in subsection (a).
Law reviews.
For survey article on real property law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 397 (2003).
For annual survey on real property, see 64 Mercer L. Rev. 255 (2012).
Structure Georgia Code
Chapter 13 - Executions and Judicial Sales
§ 9-13-160. Time of Conducting Public Sale
§ 9-13-162. Continuance of Sale From Day to Day
§ 9-13-163. Sale of Perishable Property — When and by Whom Ordered; Where Held
§ 9-13-164. Sale of Perishable Property — Advertisement; Notice; Disposition of Proceeds
§ 9-13-165. Sale of Perishable Property — Under Tax Executions
§ 9-13-168. Obligations of Purchaser
§ 9-13-169. Note or Memorandum Unnecessary
§ 9-13-170. Liability for Purchase Money; Officer’s Collection Options
§ 9-13-171. When Defendant Bound by Sale Under Void Process
§ 9-13-172. When Execution Sale Set Aside
§ 9-13-172.1. “Eligible Sale” Defined; Recision of Sale; Damages
§ 9-13-173. Effect of Judicial Sale on Title
§ 9-13-174. When Sheriff’s Successor Empowered to Make Titles
§ 9-13-175. Duty of Officer to Place Purchaser in Possession; Which Persons Officer May Dispossess
§ 9-13-176. How Possession Obtained After Expiration of Court Term or Replacement of Officer
§ 9-13-177. Right to Enforce Covenants
§ 9-13-178. When Title Deeds Prior to Purchase Must Be Proved