Purchaser to Ascertain Title and Condition; Under What Conditions Officer Personally Liable

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Executions and Judicial Sales
  5. Judicial Sales
  6. Conduct and Effect
  7. Purchaser to Ascertain Title and Condition; Under What Conditions Officer Personally Liable

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  1. The purchaser shall look for himself as to the title and soundness of all property sold under judicial process.
  2. Actual fraud or misrepresentation by the officer or his agent may bind the officer personally. No covenant of warranty shall bind him individually unless made with that intention and for a valuable consideration.

(Ga. L. 1853-54, p. 56, § 1; Code 1863, § 2578; Code 1868, § 2580; Code 1873, § 2622; Code 1882, § 2622; Civil Code 1895, § 5449; Civil Code 1910, § 6054; Code 1933, § 39-1307.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Judicial Sales, §§ 71, 155 et seq.

C.J.S.

- 50A C.J.S., Judicial Sales, §§ 87, 88.

ALR.

- Effect of destruction of or damage to property after judicial or execution sale on rights and liability of successful bidder, 25 A.L.R. 71.

Remedy for fraud preventing redemption from judicial sale, 44 A.L.R. 690.

Doctrine of caveat emptor as applied to purchaser at judicial or executor's sale, 68 A.L.R. 659.

Rights and remedies of one purchasing at judicial or execution sale where there was misrepresentation or mistake as to acreage or location of boundaries of tract sold, 69 A.L.R.2d 254.

Right of purchaser at execution sale, upon failure of title, to reimbursement or restitution from judgment creditor, 33 A.L.R.4th 1206.


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