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2018 Georgia Code 44-5-47 | Car Wreck Lawyer

TITLE 44 PROPERTY

Section 5. Acquisition and Loss of Property, 44-5-1 through 44-5-230.

ARTICLE 2 CONVEYANCES

44-5-47. Liability of purchaser for costs of conveyance.

Without an expressed stipulation to the contrary, a purchaser must pay the costs of the conveyance.

(Civil Code 1895, § 3528; Civil Code 1910, § 4108; Code 1933, § 29-115.)

History of section.

- This Code section is derived from the decision in French, Richards & Co. v. Robinson, 78 Ga. 701, 3 S.E. 902 (1887).

JUDICIAL DECISIONS

Express stipulation as to closing costs not found.

- Trial court erred in granting summary judgment to the closing attorney on the alleged client's fraud claim as genuine issues of material fact existed about whether the closing attorney made misrepresentations to the alleged client regarding the sale of timber from the estate of the alleged client's father; one example involved the closing attorney's successful effort to get the alleged client to pay the closing costs associated with the conveyance of timber, even though statutory law directed that the purchaser was to pay such costs absent an express stipulation to the contrary and no such express stipulation existed. Mays v. Askin, 262 Ga. App. 417, 585 S.E.2d 735 (2003).

Cited in Lively v. Munday, 201 Ga. 409, 40 S.E.2d 62 (1946).

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