Whiten v. Orr Construction Co.

Pannell, Judge.

While the doctrine of caveat emptor applies to the sale of realty, and there are no implied warranties as to title or the physical condition of the property sold and ordinarily a purchaser buys at his own risk, Walton v. Petty, 107 Ga. App. 753, 131 SE2d 655, this strict rule has been modified in a number of instances where fraud has been involved; as to title, where fraudulent representations are made, Rice v. Warren, 91 Ga. 759 (2) (17 SE 1032), Holliday v. Ashford, 163 Ga. 505 (136 SE 524); fraudulent representation as to encumbrances, Leyden v. Hickman, 75 Ga. 684, Oliver…