Amos v. McDonald

Deen, Judge.

In Georgia no distinction is made between the sale of new and used property. The doctrine of "caveat emptor” applies; agreements for the construction of a house to be placed on the property at the time of purchase are merged in the deed unless expressly exempted therefrom or unless they come under the collateral agreement theory, where the deed contains no express warranty of suitability for the use intended of structures placed thereon, with certain exceptions relating to fraud and misrepresentation not here applicable. Dooly v. Berkner, 113 Ga. App. 162 (147 SE2d 685); Tison v.…