TITLE 44 PROPERTY

Section 3. Regulation of Specialized Land Transactions, 44-3-1 through 44-3-250.

ARTICLE 1 GEORGIA LAND SALES ACT

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.

1. 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 following:
  1. Information about the subdivider to include the name, street address, form of organization, and telephone number of the subdivider; the state or foreign jurisdiction in which the subdivider is organized and the date of organization; a statement of authorization to do business in this state, if the subdivider is a foreign corporation; the name and address of the subdivider's resident agent; the name and address of the person to whom correspondence concerning the subdivider should be addressed; the name, address, and telephone number of the person or persons who are in charge of the subdivider's sales in this state; and a statement indicating where the subdivider's records are located;
  2. Information about the subdivided land to include the total acreage in the subdivision as a whole, including land held for future expansion; the number of lots, parcels, or tracts included in the filing; the number of acres in the filing; the size of the smallest parcel to be offered for sale; the county and state in which the land is located; the name of the nearest incorporated town; and the route and distance from the nearest incorporated town to the land;
  3. Information about the title of the subdivided land to include the name, address, and telephone number of the record titleholder;
  4. Information about any existing or contemplated future improvements to include statements of the condition of drainage control systems, streets, roads, sewage disposal facilities, sidewalks, electrical services, telephone connections, water supply, gas supply, clubhouses, golf courses, and other recreational facilities; a statement as to whether any performance bonds or other obligations have been posted with any public authority to assure the completion of any improvements; a statement as to whether the county or city wherein the land lies has agreed to accept maintenance of any improvements other than recreational facilities; a statement as to whether any contracts have been made with any public utility for the installation of any improvements; a statement as to the existence or contemplated future existence of any improvement maintenance charge; and a statement as to whether all improvements promised to purchasers are included in the sales contracts;
  5. The provisions of any zoning ordinances and regulations affecting the subdivided land and each lot or unit thereof;
  6. A statement of all existing taxes or assessments affecting the subdivided land;
  7. The terms and conditions of sales of the subdivided land and a statement which declares any sums which purchasers will be required to pay other than the actual purchase price, with interest, and any taxes or assessments validly imposed by any governmental authority;
  8. A statement which indicates whether the subdivision has been approved or disapproved for loans by any lending institutions or agencies;
  9. The names of the governmental authorities or private entities which will provide police protection, fire protection, and garbage collection;
  10. The name and address of the person who prepared the registration statement;
  11. A statement which indicates the use for which the property is offered;
  12. The estimated costs, dates of completion, and the party responsible for the construction and maintenance of all existing and proposed improvements which are referred to in connection with the offering or disposition of any interest in the subdivided land including such party's name and address;
  13. A conspicuous statement on the top two-thirds of the front cover of the property report which reads as follows:
    "YOU MAY CANCEL WITHOUT PENALTY OR OBLIGATION ANY SALES AGREEMENT WHICH YOU HAVE SIGNED WITHIN SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER SIGNING ANY SALES AGREEMENT AND YOU ARE ENTITLED TO RECEIVE A REFUND. IF THIS PROPERTY REPORT WAS NOT GIVEN TO YOU BEFORE YOU SIGNED ANY SALES AGREEMENT, YOU MAY CANCEL THE SALES AGREEMENT WITHIN SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER YOUR RECEIPT OF THIS PROPERTY REPORT AND YOU ARE ENTITLED TO RECEIVE A REFUND. YOU MAY NOT GIVE UP OR WAIVE THIS RIGHT TO CANCEL. IF YOU DECIDE TO CANCEL A SALES AGREEMENT, YOU MUST NOTIFY THE DEVELOPER IN WRITING WITHIN THE CANCELLATION PERIOD OF YOUR INTENT TO CANCEL BY SENDING NOTICE BY CERTIFIED MAIL OR STATUTORY OVERNIGHT DELIVERY, RETURN RECEIPT REQUESTED, TO (insert the name and address of the developer or the developer's agent). YOUR NOTICE WILL BE EFFECTIVE ON THE DATE YOU MAIL IT."
  14. A conspicuous statement on the bottom third of the front cover of the property report which reads as follows:
    "THE PURCHASER SHOULD READ THIS DOCUMENT BEFORE SIGNING ANYTHING";
  15. "THIS IS A REAL PROPERTY TRANSACTION. YOU OR YOUR ATTORNEY SHOULD REVIEW THE DOCUMENTS RELATING TO THIS TRANSACTION ON FILE IN THE SUPERIOR COURT OF THE COUNTY WHEREIN THE PROPERTY IS LOCATED."
    1. Except as provided in division (ii) of this subparagraph, a conspicuous statement which reads as follows:
    2. If the subdivision is located outside the State of Georgia, then the conspicuous statement must read as follows:
    "THIS IS A REAL PROPERTY TRANSACTION. YOU OR YOUR ATTORNEY SHOULD REVIEW THE DOCUMENTS RELATING TO THIS TRANSACTION ON FILE IN THE APPROPRIATE LAND RECORDS OF THE JURISDICTION IN WHICH THE PROPERTY IS LOCATED."
2. Every subdivider shall make available at the project location to every purchaser for inspection thereof the following documents:
  1. A legal description of the subdivided land;
  2. A general map, drawn to scale, showing the total subdivided land area and its relation to the existing streets, roads, waterways, schools, churches, shopping centers, and bus and rail transportation in the immediate vicinity and showing all lands reserved for future expansion, if any;
  3. A copy of the conveyances by which the subdivider or owner acquired title to the land, with such copy bearing the public record book and page number;
  4. A copy of all instruments presently creating liens, mortgages, encumbrances, reservations, or defects upon the use of title of the subdivided land included in the filing;
  5. A copy of the title insurance policy or an attorney's title opinion for the subdivided land, issued within 30 days of the date of submission of the registration statement;
  6. A copy of each deed restriction, if any;
  7. A copy of the purchase agreement to be employed in the sales program;
  8. A copy of the deed to be employed in the sales program;
  9. Statements from the appropriate governmental agencies approving the installation of the improvements enumerated in subparagraph (D) of paragraph (1) of this subsection, including, but not limited to, a statement of approval from the state water quality control board concerning the sewage disposal facilities and siltation;
  10. A statement which indicates how streets and other public places in the subdivided land are to be maintained;
  11. A copy of any contract or franchise with a public utility company, if any;
  12. A copy of a plat of the subdivided land approved by the appropriate specified governmental agency and recorded in the appropriate specified public record book, with such copy bearing the public record book and page number;
  13. A copy of any performance bonds or agreements with the public authorities guaranteeing completion;
  14. A phased development schedule for all improvements promised by the subdivider and not completed, showing each type of improvement and the month and year of the start of the improvement and the proposed completion;
  15. A statement by the subdivider of any additional and material facts that should be called to the attention of the purchaser;
  16. If the county or municipality in which the subdivision is located has a planning and zoning ordinance in effect, a certificate of approval or compliance from the local governing authority stating that the subdivision is in compliance with the applicable ordinance or, if the county or municipality in which the subdivision is located has no planning and zoning ordinance in effect, a certificate of approval from the appropriate regional commission; and
  17. A statement of the terms of payment.
The purchaser shall be informed by the subdivider of all material changes with respect to the subdivided land.
The subdivider must update the property report whenever any material change occurs.
The property report shall not be used for advertising purposes unless the report is used in its entirety. No portion of the report shall be underscored, italicized, or printed in larger or heavier type than the balance of the report unless specifically required by law or by this article or such emphasis is intended to call to a prospective purchaser's attention some risk or warning not otherwise readily observable.
Where lots or parcels within a subdivision are subject to a blanket encumbrance, the developer shall ensure that such blanket encumbrance contains provisions evidencing the subordination of the lien of the holder or holders of the blanket encumbrance to the rights of those persons purchasing from the subdivider or provisions evidencing that the subdivider is able to secure releases from such blanket encumbrance with respect to the property.
A copy of the instruments executed in connection with the sale of parcels within a subdivision shall be kept available by the subdivider and subject to inspection by the purchaser for a period of three years. The purchaser shall be notified of any change affecting the location of the records.
1. The subdivider shall cause a copy of the property report to be given to each prospective purchaser prior to the execution of any binding contract or agreement for the sale of any lot or parcel in a subdivision. If such a report is not given at least 48 hours prior to such execution, the purchaser may rescind the contract by written notice to the seller until midnight of the seventh day, Sundays and holidays excepted, following the signing of such contract or agreement. A receipt in duplicate shall be taken from each purchaser evidencing compliance with this provision. Any such election by the purchaser to void the contract or agreement must be made within seven days, Sundays and holidays excepted, following the signing of such contract or agreement. Receipts taken for any published report shall be kept on file for three years from the date the receipt is taken. If such a report is never given prior to or after the execution of any binding contract or agreement for sale, the purchaser may have rights exercisable under Code Section 44-3-8 in addition to the right of rescission given in this paragraph.
2. The receipt in duplicate required by this subsection must be signed by the purchaser upon receipt of a property report and must contain the following language:
  I hereby acknowledge that I have received the property report of (insert name of subdivision) on (insert date) at (time). If I receive the property report less than 48 hours prior to signing any contract or agreement, I understand that my right to cancel that contract or agreement is midnight of the seventh day, Sundays and holidays excepted, following the signing of such contract or agreement. I understand that I must notify the developer or the developer's agent in writing within the cancellation period of my intent to cancel by sending notice by certified mail or statutory overnight delivery, return receipt requested, to (insert name and address of developer or developer's agent). Notice will be effective on the date that it is mailed.
1. Every sales contract relating to the purchase of real property in a subdivision shall state clearly the legal description of the parcel being sold, the principal balance of the purchase price which is outstanding at the date of the sales contract after full credit has been given for the down payment, and the terms of the sales contract.
2. Every sales contract relating to the purchase of real property in a subdivision shall provide that the purchaser shall receive a warranty deed to the property together with a copy of any purchase money deed to secure debt or purchase money mortgage as may be specified in the sales contract within not more than 180 days from the date of execution of the contract; provided, however, that, in the case of contracts to purchase dwelling units not yet completed, the warranty deed need not be delivered until 180 days after such completion.
The developer must make any changes in the property report which are necessary to assure its truthfulness and accuracy at all times.
When a subdivider offers additional subdivided land for sale, the subdivider shall amend the property report to include the additional subdivided land.

(Ga. L. 1971, p. 856, § 8; Ga. L. 1972, p. 638, § 3; Ga. L. 1975, p. 484, §§ 2, 3, 6; Code 1981, §§44-3-4,44-3-5,44-3-48; Ga. L. 1982, p. 3, § 44; Code 1981, §44-3-3, enacted by Ga. L. 1982, p. 1431, § 1; Ga. L. 1983, p. 3, § 33; Ga. L. 1984, p. 22, § 44; Ga. L. 1986, p. 10, § 44; Ga. L. 1987, p. 3, § 44; Ga. L. 1989, p. 1317, § 6.18; Ga. L. 1990, p. 606, § 1; Ga. L. 1995, p. 993, § 1; Ga. L. 1996, p. 6, § 44; Ga. L. 2000, p. 1589, § 3; Ga. L. 2008, p. 181, § 17/HB 1216.)

The 2008 amendment, effective July 1, 2009, substituted "regional commission" for "regional development center" near the end of subparagraph (a)(2)(P).

Cross references.

- Approval of proposed subdivisions by Department of Transportation, § 32-6-150 et seq.

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

JUDICIAL DECISIONS

Certainty requirement for sales contract.

- See Allen v. Youngblood, 231 Ga. 191, 200 S.E.2d 758 (1973); Buckner v. Mallett, 245 Ga. 245, 264 S.E.2d 182 (1980); McMichael Realty & Ins. Agency, Inc. v. Tysinger, 155 Ga. App. 131, 270 S.E.2d 88 (1980).

Construction.

- Trial court properly granted summary judgment against a home buyer's claim that the sale of the property at issue failed to comply with the Georgia Land Sales Act (Act), O.C.G.A. § 44-3-1 et seq., as the property contained a house suitable for occupancy at the time of the sale; further, despite the buyer's argument that the statutory exemption under O.C.G.A. § 44-3-4(2) did not apply to residential property, giving the words of the exemption their plain and ordinary meaning, the exemption had to be read as excluding from the Act property upon which either a commercial building, an industrial building, a condominium, a shopping center, a house, or an apartment house was situated. Mancuso v. Steyaard, 280 Ga. App. 300, 640 S.E.2d 50 (2006).

OPINIONS OF THE ATTORNEY GENERAL

Former law construed.

- For opinions construing the Georgia Land Sales Act of 1972, see 1973 Op. Att'y Gen. No. 73-157 (annual renewal fee); 1974 Op. Att'y Gen. No. 74-60 (annual renewal fee); 1976 Op. Att'y Gen. No. 76-82 (reporting of material change and liability for payment of annual renewal fee); 1979 Op. Att'y Gen. No. 79-76 (security requirement).

RESEARCH REFERENCES

Am. Jur. 2d.

- 17A Am. Jur. 2d, Contracts, § 181 et seq. 66 Am. Jur. 2d, Registration of Land Titles, § 11. 82 Am. Jur. 2d, Zoning and Planning, § 118 et seq. 69 Am. Jur. 2d, Securities Regulation - State, §§ 1 et seq., 12, 25 et seq., 77 et seq., 152. 72 Am. Jur. 2d, States, Territories, and Dependencies, § 62.

C.J.S.

- 17 C.J.S., Contracts, § 66 et seq. 79 C.J.S. Supp., Securities Regulation, §§ 245 et seq., 291 et seq., 297, 298, 302, 304. 101A C.J.S., Zoning and Land Planning, § 252 et seq. 81A C.J.S., States, § 244.

ALR.

- Duty of purchaser of real property to disclose to the vendor facts or prospects affecting the value of the property, 56 A.L.R. 429.

Vendee in possession under land contract as owner of crops planted or growing at time of default, 95 A.L.R. 1127.

Duty of vendor of real property to disclose to purchaser condition of building thereon which affects health or safety of persons using same, 141 A.L.R. 967.

Location of land as governing venue of action for damages for fraud in sale of real property, 163 A.L.R. 1312.

Brokers' bought and sold notes as constituting the contract between buyer and seller, 169 A.L.R. 197.

Specific performance of contract for sale of real property as affected by provision making it conditional upon purchaser's obtaining loan, 5 A.L.R.2d 287.

Joining in instrument as ratification of or estoppel as to prior ineffective instrument affecting real property, 7 A.L.R.2d 294.

Rights as between vendor and vendee under land contract in respect of interest, 25 A.L.R.2d 951.

Sufficiency, under the statute of frauds, of description or designation of land in contract or memorandum of sale which gives right to select the tract to be conveyed, 46 A.L.R.2d 894.

Effect of failure to contract for sale or exchange of real estate to specify time for giving of possession, 56 A.L.R.2d 1272.

Venue of action for rescission or cancellation of contract relating to interests in land, 77 A.L.R.2d 1014.

Failure of vendor to comply with statute or ordinance requiring approval or recording of plat prior to conveyance of property as rendering sale void or voidable, 77 A.L.R.3d 1058.

Validity and construction of condominium bylaws or regulations placing special regulations, burdens, or restrictions on nonresident unit owners, 76 A.L.R.4th 295.

Vendor's obligation to disclose to purchaser of land presence of contamination from hazardous substances or wastes, 12 A.L.R.5th 630.

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