2025 Code of Georgia
Title 44 - Property (Chs. 1 — 17)
Chapter 3 - Regulation of Specialized Land Transactions (Arts. 1 — 7)
Article 1 - Georgia Land Sales Act (§§ 44-3-1 — 44-3-19)

Annotations

Notes

Editor’s notes.

Georgia Laws 1982, p. 1431, § 1, effective November 1, 1982, substituted this article for former Article 1 of this chapter, relating to sales in this state of subdivided lands, and for former Article 2 of this chapter, relating to sales of subdivided out-of-state lands.

Opinion Notes

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes.

In light of the similarity of the provisions, opinions rendered under prior law and under Ga. L. 1971, p. 856 and Ga. L. 1972, p. 638, are included in the annotations for this Code section.

Sale of interest in land is sale of real property. —

Contract for the sale and purchase of an interest in land is an agreement for the sale of real property. 1954-56 Ga. Op. Att'y Gen. 596 (decided under prior law).

Out-of-state developer. —

An out-of-state developer who had filed and received approval to sell or offer to sell lands located outside the State of Georgia to Georgia residents prior to July 1, 1973, and now wishes to file a consolidation of the same property or subdivision, would be required to file under and meet the requirements of former Arts. 1 and 2 of this chapter. 1973 Op. Att'y Gen. No. 73-157 (decided under Ga. L. 1971, p. 856 and Ga. L. 1972, p. 638).

Corporation meeting the licensing requirements of this article must also qualify to do business under T. 14.

1973 Op. Att'y Gen. No. 73-140 (decided under Ga. L. 1971, p. 856 and Ga. L. 1972, p. 638).

Unless exempted by O.C.G.A. § 14-2-1501. —

Foreign corporation that is licensed under the Out of State Land Sales Act, Ga. L. 1971, p. 856, is not required to comply with the provisions of former Code 1933, § 22-1401(a) (see now O. C. G. A § 14-2-1501) if the corporation would be otherwise exempt from that statute pursuant to former Code 1933, § 22-1401 (see now O. C. G. A. § 14-2-1501). 1974 Op. Att'y Gen. No. 74-49 (decided under Ga. L. 1971, p. 856 and Ga. L. 1972, p. 638).

Research References & Practice Aids

Cross references.

Georgia Uniform Securities, § 10-5-1 et seq.

Law reviews.

For note on 1995 amendments of sections in this article, see 12 Ga. St. U. L. Rev. 321 (1995).

RESEARCH REFERENCES ALR.

Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A. L. R. 834; 42 A. L. R. 1226; 118 A. L. R. 646.

Duty of vendor as to abstract of title, 52 A. L. R. 1460.

Constitutionality, construction, and application of statutes regulating the subdivision or development of land for sale or lease in lots or parcels, 122 A. L. R. 501.

Effect of action as an election of remedy or choice of substantive rights in case of fraud in sale of property, 123 A. L. R. 378.

Real estate broker’s right to commission on sale, exchange, or lease of property listed without statement of price or other terms, 169 A. L. R. 380.

Venue of damage action for breach of real-estate sales contract, 8 A. L. R.3d 489.

Variance between offer and acceptance in regard to title as affecting consummation of contract for sale of real property, 16 A. L. R.3d 1424.

Rights and liabilities of parties to executory contract for sale of land taken by eminent domain, 27 A. L. R.3d 572.

Mechanic’s lien based on contract with vendor pending executory contract for sale of property as affecting purchaser’s interest, 50 A. L. R.3d 944.

Enforceability, landowner, of subdivision developer’s oral promise to construct or improve roads, 41 A. L. R.4th 573.

Hierarchy Notes:

O. C. G. A. Title 44

O. C. G. A. Title 44, Ch. 3