GA Code § 23-2-134 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 7 - Nonperformance of Contract|§ 23-2-134. Vendor's Ability to Comply

 The vendor seeking specific performance shall show an ability to comply substantially with his contract in every part and as to all the property. However, a vendor's want of title or other inability as to part of the property shall not be a good answer to the vendee seeking performance who is willing to accept title to part of the property, receiving compensation for the other part. If the defects in the vendor's title are trifling or comparatively small, equity shall decree at his instance, granting compensation for such defects.   (Orig. Code 1863, § 3123; Code 1868, § 3135; Code 1873, § 3191; Code 1882, § 3191; Civil Code 1895, § 4041; Civil Code 1910, § 4638; Code 1933, § 37-806.)   Law reviews.   - For article discussing the historical background of the doctrine of tender and the application in Georgia of tender requirements, and proposing reforms, see 21 Mercer L. Rev. 413 (1969).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Substantial Compliance   Specific Performance and Damages    RESEARCH REFERENCES   Am. Jur. 2d.   - 71 Am. Jur. 2d, Specific Performance, §§ 68, 207.   C.J.S.   - 81 C.J.S., Specific Performance, § 106.   ALR.    - Right of party who has once refused to perform to have specific performance of contract, 2 A.L.R. 416.    Obligation of assignee to vendor to perform contract on assignment by purchaser of contract to sell real property, 59 A.L.R. 954.    Necessity of tender of performance by vendee as condition of specific performance where vendor's title is defective, 79 A.L.R. 1240.    Right of vendor to specific performance with abatement from purchase price where he is unable to perform as to part of property, 81 A.L.R. 900.    Sale by vendor of all or substantial part of property to a third person before time fixed for performance of contract of sale as breach, or ground of rescission by vendee, or as affecting rights to specific performance, 90 A.L.R. 337.    Provision in land contract for pecuniary forfeiture or penalty by party in default as affecting the right of the other party to specific performance, 98 A.L.R. 887.    Doctrine of part performance in suits for specific performance of parol contract to convey real property, 101 A.L.R. 923.    Option to purchase at price offered to optionor by third person, 136 A.L.R. 138.    Remedy of specific performance as available to vendee's assignee, 138 A.L.R. 205.    Right of vendee to enforce specific performance where his vendor holds equitable title under executory contract or deed in escrow executed by owner of legal title, 141 A.L.R. 1432.    Purchaser's right to specific performance as to part only of property contracted for where title fails as to rest, 148 A.L.R. 563.    Specific performance of land contract where vendor will be compelled to acquire, or incur expense in clearing, title, 171 A.L.R. 1299.    Right of purchaser in making tender to deduct from agreed purchase price amount of obligations which it is the vendor's duty to satisfy, 173 A.L.R. 1309.   Specific performance: compensation or damages awarded purchaser for delay in conveyance of land, 7 A.L.R.2d 1204.   Specific performance of land contract notwithstanding failure of vendee to make required payments on time, 55 A.L.R.3d 10.   Special or consequential damages recoverable, on account of delay in delivering possession, by purchaser of real property awarded specific performance, 11 A.L.R.4th 891.