GA Code § 11-2-312 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 3 - General Obligation and Construction of Contract|§ 11-2-312. Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement

  Subject to subsection (2) of this Code section there is in a contract for sale a warranty by the seller that:     The title conveyed shall be good, and its transfer rightful; and   The goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.    A warranty under subsection (1) of this Code section will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such right or title as he or a third person may have.   Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.   (Code 1933, § 109A-2 - 312, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For article, "Sales Warranties Under Georgia's Uniform Commercial Code," see 1 Ga. St. B.J. 191 (1964). For article discussing interpretation of warranties under the Uniform Commercial Code, see 4 Ga. L. Rev. 469 (1970). For article discussing the implied warranty of fitness for a particular purpose, see 9 Ga. L. Rev. 149 (1974). For article, "Products Liability Law in Georgia: Is Change Coming?" see 10 Ga. St. B.J. 353 (1974). For article, "Buyer's Right of Rejection: A Quarter Century Under the Uniform Commercial Code, and Recent International Developments," see 13 Ga. L. Rev. 805 (1979). For note, "Allowance of Punitive Damages in Products Liability Claims," see 6 Ga. L. Rev. 613 (1972).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Breach of Warranty    OPINIONS OF THE ATTORNEY GENERAL   Responsibility for ad valorem taxes.   - Where purchaser of automobile purchases it after January 1 of that year, the seller is responsible for ad valorem taxes on it; however, since license plates cannot be purchased for motor vehicle until ad valorem taxes have been paid, and since there is a lien against the vehicle which could be enforced by taxing authority, if seller has not paid taxes, buyer may desire to pay taxes and then proceed against seller. 1967 Op. Att'y Gen. No. 67-309.   RESEARCH REFERENCES   Am. Jur. 2d.   - 38 Am. Jur. 2d, Guaranty, § 10. 63 Am. Jur. 2d, Products Liability, §§ 659et seq., 875 et seq. 67A Am. Jur. 2d, Sales, §§ 794-821.   3 Am. Jur. Pleading and Practice Forms, Automobiles and Highway Traffic, § 66.   C.J.S.   - 77A C.J.S., Sales, § 258 et seq.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-312.   ALR.    - Loss of profits as elements of damages for fraud of seller, as to quality of goods purchased for resale, 28 A.L.R. 354.    Warranty of title by seller in conditional sale contract, 132 A.L.R. 338.    Construction and application of provision in conditional sale contract regarding implied warranties, 139 A.L.R. 1276.    Law of sales and liability in respect thereof as applied to transactions in self-service stores, 163 A.L.R. 238.   Assignability of warranty of goods and chattels, 17 A.L.R.2d 1196.   Liability of auctioneer or clerk to buyer as to title, condition, or quality of property sold, 80 A.L.R.2d 1237.   Elements and measure of damages for breach of warranty in sale of horse, 91 A.L.R.3d 419.   Preemption of state law claim by federal copyright act - nature or type of claim asserted, 77 A.L.R.6th 543.