2020 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 3 - Covenants and Warranties
§ 44-5-61. Implied Warranty of Title
In a sale of land there is no implied warranty of title.
(Civil Code 1895, § 3613; Civil Code 1910, § 4193; Code 1933, § 29-302.)
Law reviews.- For article surveying contracts - Caveat Emptor and Merger by Deed, see 34 Mercer L. Rev. 76 (1982). 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).
JUDICIAL DECISIONS
There is no presumption that grantor has made express warranty in a sale of land. McEntyre v. Merritt, 44 Ga. App. 583, 162 S.E. 424 (1932).
Doctrine of caveat emptor applies for any sale of land and there is no implied warranty as to the property. Reynolds v. Wilson, 121 Ga. App. 153, 173 S.E.2d 256 (1970), overruled on other grounds, Holmes v. Worthey, 159 Ga. App. 262, 282 S.E.2d 919 (1981).
Caveat emptor does not apply to subcontractors.
- Subcontractors who construct the dwelling bear the relationship of independent contractors; therefore, subcontractors are not seller-builders, and caveat emptor does not apply. Welding Prods. v. S.D. Mullins Co., 127 Ga. App. 474, 193 S.E.2d 881 (1972).
Negligent party in real estate sale not protected if no confidential relations.
- In the sale of real estate and when there are no confidential relations alleged, the law will not protect a party in the party's own negligence. Westbrook v. Beusse, 79 Ga. App. 654, 54 S.E.2d 693 (1949).
Benefit of after-acquired title inures to grantee of bond for title interest.
- Conveyance by which the grantor transfers "his bond for title interest" in the land described, together with all of the grantor's "right, title, and interest" therein, for the purpose of securing a debt owing by the grantor to the grantee, is one under which the benefit of an after-acquired independent title inures to the benefit of the grantee, and the grantor and those holding under the grantor are estopped thereafter to claim the after-acquired title as against the grantee when the debt so secured remains unpaid. This is true although the conveyance contains no express covenant of warranty. Perkins v. Rhodes, 192 Ga. 331, 15 S.E.2d 426 (1941).
Quality or condition of new house.
- Law implies no warranties as to quality or condition of existing new house in favor of purchaser by the seller-builder. P.B.R. Enters., Inc. v. Perren, 158 Ga. App. 24, 279 S.E.2d 292 (1981).
Duty to disclose defects when seller has special knowledge not apparent to purchaser.
- Cause of action for fraud resulting from passive concealment of a defect in realty places upon the seller a duty to disclose defects in realty in situations since the seller has special knowledge not apparent to the purchaser; the seller must be aware that purchaser is acting under a misapprehension as to facts which would be important and would probably affect the purchaser's decision. P.B.R. Enters., Inc. v. Perren, 158 Ga. App. 24, 279 S.E.2d 292 (1981).
Cited in Crawford v. State, 117 Ga. 247, 43 S.E. 762 (1903); McLendon Bros. v. Finch, 2 Ga. App. 421, 58 S.E. 690 (1907); Toomey v. Read & Gresham, 133 Ga. 855, 67 S.E. 100 (1910); Lang v. Hall, 25 Ga. App. 118, 102 S.E. 877 (1920); Martin v. Hight, 30 Ga. App. 603, 118 S.E. 595 (1923); Thomas v. Hudson, 190 Ga. 622, 10 S.E.2d 396 (1940); Monroe v. Goldberg, 80 Ga. App. 770, 57 S.E.2d 448 (1950); Holmes v. Worthey, 159 Ga. App. 262, 282 S.E.2d 919 (1981).
