§ 44-3-1. Short Title
This article shall be known and may be cited as the “Georgia Land Sales Act.” History. Code 1981, § 44-3-1 , enacted by Ga. L. 1982, p. 1431, § 1; Ga. L. 1990, p. 606, § 1; Ga. L. 1995, p. 993, § 1.
§ 44-3-10. Business Records Required
Any developer or its agents shall keep among its business records and make reasonably available for examination to a purchaser or the purchaser’s agent the following: A copy of each item required in Code Section 44-3-3; and A copy of the sales agreement from each sale relating to the purchase of real property in a […]
§ 44-3-11. Certain Waivers in Contract Void
Any condition, stipulation, or provision binding any person who enters into a transaction subject to the provisions of this article which waives: Compliance with any provision of this article or of the rules and regulations promulgated under this article; Any rights provided by this article or by the rules and regulations promulgated under this article; […]
§ 44-3-12. Burden of Proof of Exemption
In any action, civil or criminal, where a defense is based upon any exemption provided for in this article, the burden of proving the existence of such exemption shall be upon the party raising such defense. History. Code 1981, § 44-3-18 , enacted by Ga. L. 1982, p. 1431, § 1; Ga. L. 1983, p. […]
§ 44-3-13. Application of Prior Law to Actions, Registrations, and Orders Prior to July 1, 1990
Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 1995, except that no civil actions may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause […]
§ 44-3-14. Business Records Required
Editor’s notes. Ga. L. 1995, p. 993, § 1, renumbered former Code Section 44-3-14 as present Code Section 44-3-10.
§ 44-3-16. Certain Waivers in Contract Void
Editor’s notes. Ga. L. 1995, p. 993, § 1, renumbered former Code Section 44-3-16 as present Code Section 44-3-11.
§ 44-3-18. Burden of Proof of Exemption; Effect of Certificate of Commission Stating Compliance or Noncompliance With Article; Admissibility of Copies of Documents
Editor’s notes. Ga. L. 1995, p. 993, § 1, renumbered former Code Section 44-3-18 as present Code Section 44-3-12. Former Code Section 44-3-18 related to burden of proof of exemption, effect of certificate of commission stating compliance or noncompliance with article, and admissibility of copies of documents.
§ 44-3-19. Application of Prior Law to Actions, Registrations, and Orders Prior to July 1, 1990; Application of Code Section 44-3-13 to Review of Orders Not Instituted by July 1, 1990
Editor’s notes. Ga. L. 1995, p. 1260, § 1, renumbered former Code Section 44-3-19 as present Code Section 44-3-13. Former Code Section 44-3-19 related to application of prior law to actions, registrations, and orders prior to July 1, 1990, and application of former Code Section 44-3-13 to review of orders not instituted by July 1, […]
§ 44-3-2. Definitions
As used in this article, the term: “Agent” means any person who represents, or acts for or on behalf of, a developer in selling or leasing or offering to sell or lease any lot or lots in a subdivision but shall not include an attorney at law whose representation of another person consists of rendering […]
§ 44-3-3. Registration Statement; Accompanying Documents; Material Changes; Property Report; Lots or Parcels Subject to Blanket Encumbrances; Records Subject to Inspection by Purchaser; Copy of Property Report to Be Given to Prospective Purchasers; Sales Contract; Amendments to Report
It shall be unlawful for any person to offer for sale or to sell any subdivided land to any person in this state unless such offering complies with this article or is exempt under Code Section 44-3-4. Any person offering to sell any subdivided land shall provide each prospective purchaser a property report containing the […]
§ 44-3-4. Exemptions From Code Section 44-3-3
Unless the method of sale is adopted for the purpose of evasion of this article or of the federal Interstate Land Sales Full Disclosure Act, the provisions of Code Section 44-3-3 shall not apply to offers or dispositions in an interest in land: By a purchaser of any subdivision, lot, parcel, or unit thereof for […]
§ 44-3-5. Violations of Article
It shall be unlawful for any person: To offer to sell or to sell any subdivided land in violation of any provision of this article; To offer to sell or to sell any subdivided land by means of any oral or written untrue statement of a material fact or any omission to state a material […]
§ 44-3-6. Order Prohibiting Act, Practice, or Transaction in Violation of Article; Injunctive Relief
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 […]
§ 44-3-7. Willful Violation of Article; Effect on Statutory or Common-Law Right to Punish Violations; Effect of Article on Attorney General
Except as provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both. Any person who shall […]
§ 44-3-8. Rights of Buyer Upon Violation; Persons Liable for Violations; Limitation on Actions; Survival of Actions; Effect on Statutory or Common-Law Rights; Exemption of Advertisers From Liability
Any person who violates any provision of Code Section 44-3-5 shall be liable to the person buying such land. Such buyer may bring an action in any court of competent jurisdiction to recover damages, even if that buyer no longer owns the land, or, upon tender of the land at any time before entry of […]
§ 44-3-9. Venue
Except as provided in Code Section 44-3-6, for the purposes of venue for any civil or criminal action under this article, any violation of this article or of any rule, regulation, or order promulgated under this article shall be considered to have been committed in any county in which any act was performed in furtherance […]