Order Prohibiting Act, Practice, or Transaction in Violation of Article; Injunctive Relief

  1. Law
  2. Georgia Code
  3. Property
  4. Regulation of Specialized Land Transactions
  5. Georgia Land Sales Act
  6. Order Prohibiting Act, Practice, or Transaction in Violation of Article; Injunctive Relief

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  1. Whenever it appears to the district attorney or the Attorney General, either upon complaint or otherwise, that any person has engaged in, is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by this article, the district attorney or the Attorney General, or both, may in their discretion apply to any court of competent jurisdiction in this state including the Superior Court of Fulton County for an injunction restraining such person and that person's agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or from doing any acts in furtherance thereof and for the appointment of a receiver or an auditor and such other and further relief as the facts may warrant.
  2. In any proceedings for an injunction, the district attorney or the Attorney General may apply for and be entitled to have issued the court's subpoena requiring:
    1. The immediate appearance of any defendant and that defendant's agents, employees, partners, officers, or directors; and
    2. The production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction.
  3. Upon proof of any of the offenses described in this Code section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of purchasers as the facts may warrant.

(Code 1981, §44-3-9, enacted by Ga. L. 1982, p. 1431, § 1; Ga. L. 1983, p. 3, § 33; Ga. L. 1986, p. 10, § 44; Ga. L. 1990, p. 606, § 1; Ga. L. 1991, p. 94, § 44; Code 1981, §44-3-6, as redesignated by Ga. L. 1995, p. 993, § 1.)

Editor's notes.

- Ga. L. 1995, p. 993, § 1, repealed former Code Section44-3-6, relating to administration of article by commission and real estate commissioner and renumbered former Code Section44-3-9 as Code Section44-3-6, effective July 1, 1995. Former Code Section 44-3-6 was based on Ga. L. 1971, p. 856, § 12; Ga. L. 1972, p. 638, § 12; Code 1981, §§ 44-3-23,44-3-50; Code 1981, § 44-3-6, enacted by Ga. L. 1982, p. 1431, § 1; Ga. L. 1983, p. 3, § 33; Ga. L. 1990, p. 606, § 1.

OPINIONS OF THE ATTORNEY GENERAL

Liability for payment of annual renewal fee under Georgia Land Sales Act of 1972, see Op. Att'y Gen. No. 76-82.


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