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Georgia Statutes

§ 44-5-65 — Action for breach of warranty - Necessity for offer to rescind; mitigation of damages

Georgia § 44-5-65
JurisdictionGeorgia
Title44

This text of Georgia § 44-5-65 (Action for breach of warranty - Necessity for offer to rescind; mitigation of damages) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O.C.G.A. § 44-5-65 (2026).

Text

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.

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Nearby Sections

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What constitutes perfect title
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Failure to disclose in real estate transaction that property was occupied by diseased person or was site of death; failure to disclose information required to be provided or maintained in accordance with Code Section 44-9-44.1
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Responsibilities of buyers or grantees and grantors or owners relating to transfers of property within or adjacent to property zoned for agricultural or silvicultural use; notice to prospective purchaser, lessee, or grantee; effect of noncompliance
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[Repealed] Execution search prior to conveyance of property; certificate of clearance required; requirements for requests; binding effect; timing of information release; failure to comply; retention; criminal penalties; exceptions; requirements for certificate; regulatory authority
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"Personalty" defined; status of certain stocks
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"Estate" defined
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"Title" defined
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What things considered fixtures; movable machinery as personalty; effect of detachment from realty
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Bluebook (online)
Georgia § 44-5-65, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/44-5-65.