Statutes > Georgia Statutes > TITLE 44 - PROPERTY > CHAPTER 5 - ACQUISITION AND LOSS OF PROPERTY > ARTICLE 3 - COVENANTS AND WARRANTIES > § 44-5-65 - Action for breach of warranty -- Necessity for offer to rescind; mitigation of damages

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

O.C.G.A. 44-5-65 (2010)
44-5-65. Action for breach of warranty -- Necessity for offer to rescind; mitigation of damages


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.