Caveat emptor does not apply to subcontractors.

- Subcontractors who construct the dwelling bear the relationship of independent contractors; therefore, subcontractors are not seller-builders, and caveat emptor does not apply. Welding Prods. v. S.D. Mullins Co., 127 Ga. App. 474, 193 S.E.2d 881 (1972).

Negligent party in real estate sale not protected if no confidential relations.

- In the sale of real estate and when there are no confidential relations alleged, the law will not protect a party in the party's own negligence. Westbrook v. Beusse, 79 Ga. App. 654, 54 S.E.2d 693 (1949).

Benefit of after-acquired title inures to grantee of bond for title interest.

- Conveyance by which the grantor transfers "his bond for title interest" in the land described, together with all of the grantor's "right, title, and interest" therein, for the purpose of securing a debt owing by the grantor to the grantee, is one under which the benefit of an after-acquired independent title inures to the benefit of the grantee, and the grantor and those holding under the grantor are estopped thereafter to claim the after-acquired title as against the grantee when the debt so secured remains unpaid. This is true although the conveyance contains no express covenant of warranty. Perkins v. Rhodes, 192 Ga. 331, 15 S.E.2d 426 (1941).

Quality or condition of new house.

- Law implies no warranties as to quality or condition of existing new house in favor of purchaser by the seller-builder. P.B.R. Enters., Inc. v. Perren, 158 Ga. App. 24, 279 S.E.2d 292 (1981).

Duty to disclose defects when seller has special knowledge not apparent to purchaser.

- Cause of action for fraud resulting from passive concealment of a defect in realty places upon the seller a duty to disclose defects in realty in situations since the seller has special knowledge not apparent to the purchaser; the seller must be aware that purchaser is acting under a misapprehension as to facts which would be important and would probably affect the purchaser's decision. P.B.R. Enters., Inc. v. Perren, 158 Ga. App. 24, 279 S.E.2d 292 (1981).

Cited in Crawford v. State, 117 Ga. 247, 43 S.E. 762 (1903); McLendon Bros. v. Finch, 2 Ga. App. 421, 58 S.E. 690 (1907); Toomey v. Read & Gresham, 133 Ga. 855, 67 S.E. 100 (1910); Lang v. Hall, 25 Ga. App. 118, 102 S.E. 877 (1920); Martin v. Hight, 30 Ga. App. 603, 118 S.E. 595 (1923); Thomas v. Hudson, 190 Ga. 622, 10 S.E.2d 396 (1940); Monroe v. Goldberg, 80 Ga. App. 770, 57 S.E.2d 448 (1950); Holmes v. Worthey, 159 Ga. App. 262, 282 S.E.2d 919 (1981).

Am. Jur. 2d.

- 23 Am. Jur. 2d, Deeds, § 237.

Builder-Vendor's Liability to Purchaser of New Dwelling for Breach of Implied Warranty of Fitness or Habitability, 50 POF3d 543.

C.J.S.

- 33 C.J.S., Exchange of Property, § 9 et seq.

ALR.

- Duty of vendor as to abstract of title, 52 A.L.R. 1460.

Marketable title, 57 A.L.R. 1253; 81 A.L.R.2d 1020.

Doctrine of caveat emptor as applied to purchaser at judicial or executor's sale, 68 A.L.R. 659.

Condemnation, proceeding therefor, or prospect thereof, as affecting marketability of title, 21 A.L.R.2d 792.

Validity, construction, and effect of land sale contract providing that title must be satisfactory to purchaser, 47 A.L.R.2d 455.