Georgia Code - Commerce and Trade - Title 10

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This article shall be known and may be cited as 'The Retail Installment and Home Solicitation Sales Act.' ...

(a) As used in this article, the term: (1) 'Cash sale price' means the price for which the seller would have sold or furnished to ...

(a) Every retail installment contract shall be in writing and shall be completed as to all essential provisions prior to the signing thereof by the buyer, except as ...

(a) Every revolving account shall be in writing and shall be completed prior to the signing thereof by the retail buyer. The printed portion, other than instructions for ...

Retail installment contracts negotiated and entered into by mail or telephone without personal solicitation by salesmen or other representatives of the seller, where a catalog of the seller ...

(a) The buyer shall have a right to cancel a home solicitation sale agreement until 12:00 Midnight of the third business day after the day on which the ...

(a) A retail installment contract or a revolving account may provide for payment by the buyer of a delinquency charge on any installment which is not paid within ...

(a) Any security interest taken pursuant to a retail installment contract or revolving account shall not be taken with respect to clothing, softwares, and other nondurable items. Each ...

(a) Any retail seller may assign, pledge, hypothecate, or otherwise transfer a retail installment contract or revolving account to any person, firm, or corporation on such terms and ...

When any goods have been repossessed after default in accordance with Part 5 of Article 9 of Title 11, the seller or holder shall not be entitled to ...

Nothing contained in this article shall be construed so as to amend, modify, supersede, or repeal Article 2 of Chapter 4 of Title 7, relating to charges and ...

This article shall not make unlawful contracts or accounts in effect prior to October 1, 1967. ...

Any waiver of this article shall be unenforceable and void. ...

(a) No action shall be brought under this article more than four years after the person bringing the action knew or should have known of the occurrence of ...

(a) Any person who shall willfully and intentionally violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by ...

This article shall not apply to the University System of Georgia or its educational units, to private colleges and universities in this state and associations thereof, or to ...

This article shall be known and may be cited as the 'Motor Vehicle Sales Finance Act.' ...

(a) As used in this article, the term: (1) 'Cash sale price' means the price stated in a retail installment contract for which the seller ...

(a) A retail installment contract shall be in writing, shall be signed by both the buyer and the seller, and shall be completed as to all essential provisions ...

(a) Notwithstanding any other law, the finance charge, exclusive of insurance and other benefits and official fees, shall not exceed the following rates: Class 1. Any ...

A retail installment seller may advance money to a buyer or pay money to a third party on behalf of the buyer to satisfy a lease on or ...

Notwithstanding the provisions of any retail installment contract to the contrary, any buyer may pay in full at any time before maturity the debt of any retail installment ...

The holder of a contract, upon request by the buyer, may extend the scheduled due date of all or any part of any installment or installments or deferred ...

(a) When any motor vehicle has been repossessed after default in accordance with Part 6 of Article 9 of Title 11, the seller or holder shall not be ...

(a) A claim of violation on any loan or contract secured by an interest in a motor vehicle may be asserted in an individual action only and may ...

Any waiver of this article shall be unenforceable and void. ...

(a) Any person who shall willfully and intentionally violate this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not ...

In addition to the definitions provided for in Code Section 10-1-31, as used in Code Sections 10-1-40 through 10-1-42, the term: (1) 'Induce' means to ...

(a) It is unlawful for any person to induce the buyer of a motor vehicle under a retail installment contract to sublease the subject motor vehicle to that ...

(a) Any one or more of the following persons may suffer damage as a result of a violation of subsection (a) or (b) of Code Section 10-1-40: ...

A lessor or the entity which sells the motor vehicle to the lessor for lease to a lessee may advance money to a lessee or pay money to ...

No person, firm, partnership, association, or corporation, or agent or employee thereof, shall, in any manner or by any means, offer for sale goods, wares, or merchandise where ...

If a person is a member of an organization which makes retail sales of any goods, wares, or merchandise to its members and the person notifies the organization ...

(a) It shall be unlawful for any person, firm, or corporation engaged in the business of selling any type of merchandise in the State of Georgia to promise ...

As used in this article, the term: (1) 'Rebuilt' means the reconditioning of a motor, engine, well pump, or other mechanical item by the replacement ...

Any remanufactured item sold at retail in the State of Georgia shall be labeled 'Remanufactured.' Such label shall be placed adjacent to and shall be of the same ...

Any rebuilt item sold at retail in the State of Georgia shall be labeled 'Rebuilt.' Such label shall be placed adjacent to and shall be of the same ...

Noncompliance with this article shall be a misdemeanor, and punishment shall be as provided by law. ...

Residents of the State of Georgia may purchase rifles and shotguns in any state of the United States, provided such residents conform to applicable provisions of statutes and ...

Residents of any state of the United States may purchase rifles and shotguns in the State of Georgia, provided such residents conform to applicable provisions of statutes and ...

The term 'paint,' as used in this article, shall include white lead basic, carbonate, or sublimate, in any kind of oil, or any compound intended for the same ...

The director of the Georgia Drugs and Narcotics Agency is charged with the proper enforcement of this article and is empowered to formulate and promulgate such rules and ...

The labels on containers of paints shall clearly and distinctly state the name and residence of the manufacturer of the paint or the distributor thereof or of the ...

No person, firm, corporation, or agent or employee of any person, firm, or corporation shall manufacture for sale or offer or expose for sale any flaxseed or linseed ...

No person, firm, corporation, or agent or employee of any person, firm, or corporation shall sell or expose or offer for sale any flaxseed or linseed oil unless ...

Possession by any person, firm, or corporation, or agent or employee of any person, firm, or corporation dealing in said articles, of any article described in Code Sections ...

(a) It shall be unlawful for any person, firm, or corporation to distribute, sell, or offer for sale within this state any paint used specifically for marking timber ...

Whoever shall sell or offer or expose for sale any paint which shall be labeled or marked in such manner as to tend to deceive the purchaser as ...

As used in this part, the term: (1) 'Gasoline' means gasoline, naphtha, benzol, and other products of petroleum, under whatever name designated, used for heating ...

The term 'petroleum products,' as used in this part, shall in no way be construed to include liquefied petroleum gas as defined in Code Section 10-1-262. ...

The Commissioner of Agriculture is required to appoint, in accordance with Chapter 20 of Title 45, a chemist, who shall be an expert oil analyst, to be designated ...

The Commissioner of Agriculture is authorized to employ, in accordance with Chapter 20 of Title 45, oil inspectors as he deems necessary to enforce this part. Oil inspectors ...

In addition to the expenses of inspectors as provided for in Code Section 10-1-143, there shall be allowed such further sums for the purchase of equipment, supplies, and ...

The compensation of the state oil chemist and state oil inspectors and the expenses of enforcing this part shall be paid in the same manner as compensation and ...

The Commissioner of Agriculture is authorized to have the state oil chemist and state oil inspectors bonded for the faithful performance of their respective duties at the expense ...

The Commissioner of Agriculture is authorized to fill any vacancies which may occur in the offices of state oil chemist and oil inspector on account of death, resignation, ...

In the performance of their duties, the Commissioner of Agriculture or any of his duly authorized agents shall have free access at all reasonable hours to any store, ...

For the purpose of this part, all gasoline and kerosene sold or offered or exposed for sale shall be subject to inspection and analysis as provided in this ...

All materials, fluids, or substances offered or exposed for sale, purporting to be substitutes for or improvers of fuels or other motor fuels to be used for power, ...

It shall be illegal to sell or offer for sale any gasoline or kerosene which is described and designated in this part and which is used or intended ...

Every person, firm, or corporation delivering at wholesale or retail any gasoline in this state shall deliver the same to the purchaser only in tanks, barrels, casks, cans, ...

When gasoline or kerosene or other petroleum products used for heating, cooking, illuminating, power, or lubricating purposes are shipped into this state in any manner whatsoever, the manufacturer, ...

Any person purchasing any gasoline or illuminating or heating oils from any manufacturer, refiner, jobber, or vendor for his own use may submit fair samples of said gasoline ...

(a) The Commissioner of Agriculture shall have authority to prescribe such rules and regulations, consistent with the terms, intent, and purposes of this part, as he finds necessary ...

Whenever the Commissioner of Agriculture shall find any person willfully marketing petroleum products in this state which are regulated by this part and which do not comply with ...

The Commissioner of Agriculture shall, from time to time, collect or cause to be collected samples of all petroleum products subject to regulation under this part which are ...

Every dealer in gasoline, before selling or exposing or offering for sale any gasoline, and annually thereafter, shall be required to register and shall make known to the ...

(a) It shall be the duty of the inspectors provided for in this part to familiarize themselves with the accuracy and adjusting devices on the various makes of ...

The Commissioner of Agriculture is authorized to prescribe regulations governing the calibration of tank trucks, meters, containers, and other measures used in dispensing petroleum products subject to regulation ...

No inspection fees of any kind or character shall be paid for the inspection of gasoline or kerosene. ...

(a) As used in this Code section and in Code Section 10-1-163, the term 'person' means natural persons; partnerships, firms, associations, joint-stock companies, syndicates, and corporations; any receiver, ...

(a) Any person who shall violate any of the provisions of Code Section 10-1-162 for preventing deception, substitution, and misbranding of liquid fuel, oil, grease, and similar products ...

(a) Any sign or placard or other means used to advertise the price of motor fuel for sale at retail for use in motor vehicles may contain a ...

(a) Any owner or operator of a gasoline station which sells gasoline at one price when an employee of the station dispenses the gasoline into a motor vehicle ...

Any person violating any provision of: (1) This part relating to the inspection and sale of gasoline, kerosene, and other petroleum products; or ...

Any chemist or inspector who, while in office, shall be interested directly or indirectly in the manufacture or vending of any gasoline shall be guilty of a misdemeanor. ...

Any person, company, firm, or corporation who shall operate any pump, without the written consent of the Commissioner of Agriculture, which has been condemned by a duly authorized ...

Any person, company, firm, or corporation who shall install or operate a self-measuring pump which has a device or other mechanical means used for the purpose of giving ...

Any person or association of persons, firm, or corporation who shall violate any of the provisions of this part relating to inspection, labeling, sale, etc., of gasoline, kerosene, ...

As used in this part, the term: (1) 'Brake fluid' means the liquid medium through which force is transmitted in the hydraulic brake system of ...

Brake fluid shall be deemed to be adulterated unless it meets the minimum standard for brake fluid as provided in this part. Brake fluid shall also be deemed ...

A brake fluid shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If ...

No person shall sell, have for sale, offer for sale, give, donate, distribute, or add to the hydraulic brake system of a motor vehicle in this state any ...

The Commissioner shall establish by rule or regulation the minimum standard and specifications for brake fluid. The Commissioner shall not adopt a minimum standard or specification that is ...

Before any brake fluid shall be sold, exposed for sale, or stored, packed, or held with intent to sell within this state, a sample thereof must be inspected ...

(a) The Commissioner shall administer and enforce this part by inspections, chemical analyses, or by any other appropriate methods. All quantities or samples of brake fluid submitted for ...

The Commissioner shall have authority to establish and promulgate such rules and regulations as are necessary promptly and efficiently to enforce this part. All authority vested in the ...

A copy of the analysis made by the state oil chemist of any brake fluid certified by him shall be admitted as evidence in any court of this ...

Any person, firm, association, or corporation violating or failing to comply with this part or any rule, regulation, standard, or specification issued pursuant to this part shall be ...

As used in this part, the term: (1) 'Antifreeze' means all substances and preparations intended for use as the cooling medium or to be added ...

An antifreeze shall be deemed to be adulterated: (1) If it consists in whole or in part of any substance which will render it injurious ...

An antifreeze shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; or (2) If in ...

Before any antifreeze shall be sold, exposed for sale, or stored, packed, or held with intent to sell within this state, a current certified test report thereof prepared ...

It shall be the duty of the Commissioner of Agriculture to administer and enforce this part by inspections, chemical analysis, or any other appropriate methods and to utilize ...

Any antifreeze not in compliance with this part shall be subject to seizure upon complaint of the Commissioner of Agriculture or his inspectors or representatives to the superior ...

The Commissioner of Agriculture may publish or furnish upon request a list of the brands and classes or types of antifreeze inspected by the state oil chemist during ...

When any manufacturer, packer, or distributor applies to the Commissioner of Agriculture for a license or permit to sell antifreeze in this state, the Commissioner may require the ...

A copy of the analysis made by the state oil chemist of the Department of Agriculture of any antifreeze and certified by him shall be admitted as evidence ...

This part shall not apply to recycled, reclaimed, or reprocessed antifreeze processed in Georgia which meets standards of suitability for automobile or other vehicle engine cooling systems, which ...

The Commissioner of Agriculture shall be authorized to promulgate rules and regulations to implement this part and to accomplish its purpose. ...

In addition to the remedies provided in this part and notwithstanding the existence of any other remedy at law and notwithstanding the pendency of any criminal prosecution, the ...

Any person who violates any provision of this part or the rules and regulations promulgated hereunder shall be guilty of a misdemeanor. ...

This article shall be known and may be cited as the 'Gasoline Marketing Practices Act.' ...

The General Assembly finds and declares that the distribution and sales through marketing agreements of gasoline in the State of Georgia vitally affects the general economy of the ...

As used in this article, the term: (1) 'Automotive gasoline' or 'gasoline' means octane rated fuels made from petroleum products for use in the propulsion ...

It shall be a violation of this article for any gasoline distributor who has a marketing agreement with a gasoline dealer, directly or indirectly, through any officer, agent, ...

It shall be an unlawful predatory and unfair business practice for an automotive gasoline distributor who controls a product supply, controls the price of that product and has ...

(a) Any automotive gasoline dealer may bring an action against its automotive gasoline distributor for violation of this article in the superior court of the county where such ...

Upon receipt of notice to cancel or terminate an existing lease prior to expiration date, it shall be the duty of the dealer to notify the distributor within ...

Any gasoline distributor may bring action against the dealer for failing to fulfill the marketing agreement. Attorneys´ fees shall be controlled by Code Section 13-6-11. ...

No action shall be brought under Code Section 10-1-235 or Code Section 10-1-238 unless commenced within two years after the cause of action shall have accrued. ...

This article shall apply to all marketing agreements as defined in paragraph (4) of Code Section 10-1-232, except that this article shall not apply to a marketing agreement ...

This article is not intended to alter or change the present law or regulations pertaining to the sale or transfer of title to real property, and the owner ...

This article may be cited as the 'Below Cost Sales Act.' ...

As used in this article, the term: (1) 'Person' means an individual, partnership, association, corporation, joint-stock company, or business trust. (2) 'Product' ...

For the purposes of this article, a transfer price from a related entity to a person is reasonable (1) if it is the same or greater than the ...

For the purposes of this article, 'cost' shall be computed as follows: (1)(A) When product is purchased by a person from an independent entity, the ...

(a) It shall be unlawful for any person engaged in the sale of octane or cetane fuels in this state, in the course of such sales, either directly ...

(a) Any person who sustains or is threatened with competitive injury by reason of a violation of this article may maintain an action in any superior court of ...

It is the intent of the General Assembly that, in construing Code Section 10-1-254, due consideration and great weight be given to the interpretation of the federal courts ...

This article may be cited and referred to as the 'Liquefied Petroleum Safety Act of Georgia.' ...

The General Assembly of Georgia finds, determines, and declares that this article is necessary for the immediate preservation of the public peace, health, and safety. ...

As used in this article, the term 'liquefied petroleum gas' means any material which is composed predominantly of any of the following hydrocarbons or mixtures of the same: ...

The state fire marshal, ex officio, shall be designated as the officer charged with the duty and authority of enforcing this article. ...

The state fire marshal is authorized to appoint and employ such assistants and employees, fix their salaries, and assign and delegate such duties and responsibilities as he may ...

(a) The state fire marshal shall make, promulgate, adopt, and enforce rules and regulations setting forth minimum general standards covering the design, construction, location, installation, and operation of ...

The state fire marshal is authorized and empowered to issue a license or permit to such person, firm, or corporation qualifying under the terms of this article and ...

The state fire marshal is authorized and empowered as a prerequisite to a license or permit to require the applicant for such license or permit to furnish insurance, ...

(a) Every entity licensed to sell or distribute liquefied petroleum gas in this state shall have located within the State of Georgia storage capacity for a minimum of ...

The state fire marshal, upon ten days´ written notice in the form of a show cause order to the licensee stating his contemplated action and in general the ...

No municipality or other political subdivision of this state shall adopt or enforce any ordinance, rule, or regulation in conflict with this article or with the rules and ...

The state fire marshal is authorized to enter into reciprocal agreements with another state to effectuate the purposes of this article. ...

Any person, firm, association, or corporation violating this article or any of the rules and regulations of the state fire marshal made under this article shall be guilty ...

This article shall be known as the 'Georgia Motion Picture Fair Competition Act.' ...

The intent of this article is to establish fair and open procedures for the bidding and negotiation for the right to exhibit motion pictures within the state in ...

As used in this article, the term: (1) 'Bid' means a written offer or proposal by an exhibitor to a distributor in response to an ...

(a) Blind bidding is prohibited within the state. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and ...

In any civil action for damages against a person for violation of this article, the court may award damages to the prevailing party and reasonable attorneys´ fees. This ...

Reserved. ...

Reserved. ...

It shall be unlawful for any distributor of any book, magazine, periodical, or newspaper to refuse to sell to any dealer for his subsequent sale at retail any ...

Any person, firm, or corporation violating this article shall be guilty of a misdemeanor. ...

As used in this article, the term: (1) 'Ferrous metals' means any metals containing significant quantities of iron or steel. (2) 'Law ...

(a) A secondary metals recycler shall maintain a legible record of all purchase transactions to which such secondary metals recycler is a party. Such record shall include the ...

During the usual and customary business hours of a secondary metals recycler, a law enforcement officer shall, after properly identifying himself as a law enforcement officer, have the ...

(a) Whenever a law enforcement officer has reasonable cause to believe that any item of regulated metal property in the possession of a secondary metals recycler has been ...

(a) If the secondary metals recycler contests the identification or ownership of the regulated metal property, the party other than the secondary metals recycler claiming ownership of any ...

This article shall not apply to purchases of regulated metal property from: (1) Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, fraternal, ...

It shall be unlawful for: (1) A secondary metals recycler to engage in the purchase or sale of regulated metal property between the hours of ...

(a) Any person selling regulated metal property to a secondary metals recycler in violation of any provision of this article shall be guilty of a misdemeanor unless the ...

(a) As used in this Code section, the term: (1)(A) 'Flea market' means any event: (i) At which two or more persons ...

This article shall not apply to the following: (1) The sale of a motor vehicle or trailer required to be registered or subject to a ...

Nothing in this article shall prohibit ordinances or resolutions by counties and municipal corporations which provide regulations that are as stringent or more stringent than the requirements of ...

This part may be cited as the 'Uniform Deceptive Trade Practices Act.' ...

As used in this part, the term: (1) 'Article' means a product as distinguished from its trademark, label, or distinctive dress in packaging. ...

(a) A person engages in a deceptive trade practice when, in the course of his business, vocation, or occupation, he: (1) Passes off goods or ...

(a) A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it under the principles of equity and on ...

(a) This part does not apply to: (1) Conduct in compliance with the orders or rules of or a statute administered by a federal, state, ...

This part shall be construed to effectuate its general purpose to make uniform the law of those states which enact it. ...

As used in this article, the term 'administrator' means the person appointed by the Governor pursuant to Code Section 10-1-395 or his or her designee. ...

(a) The administrator may file in the superior court of the county in which a person under order resides, or in the county in which the violation occurred, ...

(a) In addition to any amount owed under a judgment rendered under Code Section 10-1-381, a delinquent party shall be responsible by operation of law for a collection ...

This part shall be known and may be cited as the 'Fair Business Practices Act of 1975.' ...

(a) The purpose of this part shall be to protect consumers and legitimate business enterprises from unfair or deceptive practices in the conduct of any trade or commerce ...

(a) As used in this part, the term: (1) 'Administrator' means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or his or ...

(a) Unfair or deceptive acts or practices in the conduct of consumer transactions and consumer acts or practices in trade or commerce are declared unlawful. (b) ...

(a) Unfair or deceptive acts or practices by an office supplier in the conduct of office supply transactions in trade or commerce are declared unlawful. (b) ...

(a) Health spas shall comply with the provisions of this Code section. (b) A written contract shall be employed which shall constitute the entire agreement ...

(a) As used in this Code section, the term 'merchant' means any person who offers goods, wares, merchandise, or services for sale to the public and shall include ...

(a) It shall be an unlawful, unfair, and deceptive trade practice for any person, firm, or corporation doing business in any area in which a state of emergency, ...

(a) For purposes of this Code section, the term 'telemarketing' shall have the same meaning which it has under 16 Code of Federal Regulations Part 310, the Telemarketing ...

(a) For purposes of this Code section, the term 'telemarketing' shall have the same meaning which it has under Code Section 10-1-393.5. (b) Without otherwise ...

(a) Without otherwise limiting the definition of unfair or deceptive acts or practices under this part, it shall be unlawful for any person to solicit another during such ...

(a) The administrator is authorized to adopt as substantive rules that prohibit specific acts or practices in violation of Code Section 10-1-393 those rules and regulations of the ...

(a) The administrator shall be appointed by the Governor and shall serve at his pleasure. The office of the administrator shall be attached to the office of the ...

Nothing in this part shall apply to: (1) Actions or transactions specifically authorized under laws administered by or rules and regulations promulgated by any regulatory ...

(a) Whenever it may appear to the administrator that any person is using, has used, or is about to use any method, act, or practice declared by Code ...

The administrator is authorized to initiate or intervene as a matter of right or otherwise appear in any federal court or administrative agency to implement the provisions of ...

(a) Any person receiving a cease and desist order from the administrator, and who demonstrates in any superior court of competent jurisdiction, after petition to the court and ...

(a) An appeal may be taken from any order of the administrator resulting from a hearing held in accordance with Code Section 10-1-398 by any person adversely affected ...

(a) Any person who suffers injury or damages as a result of a violation of Chapter 5B of this title, as a result of consumer acts or practices ...

In any action in which damages are demanded under Code Section 10-1-399, recovery will be limited to the amount, if any, by which the injured party suffered injury ...

(a) No action shall be brought under this part: (1) More than two years after the person bringing the action knew or should have known ...

In the administration of this part the administrator may accept an assurance of voluntary compliance with respect to any act or practice deemed to be violative of this ...

(a) When it reasonably appears to the administrator that a person has engaged in, is engaging in, or is about to engage in any act or practice declared ...

(a) To carry out the duties prescribed by Code Sections 10-1-394, 10-1-395, 10-1-397, 10-1-398, and 10-1-403, the administrator, in addition to other powers conferred upon him by this ...

(a) Any person who violates the terms of an injunction issued under Code Section 10-1-397 shall forfeit and pay to the state a civil penalty of not more ...

Whenever an investigation has been conducted under this article and such investigation reveals conduct which constitutes a criminal offense, the administrator shall forward the results of such investigation ...

This part is cumulative with other laws and is not exclusive. The rights or remedies provided for in this part shall be in addition to any other procedures, ...

As used in this part, the term: (1) 'Agreement' means any agreement relating to a business opportunity or multilevel distribution company, including, but not limited ...

(a) No multilevel distribution company or participant in its marketing program shall: (1) Operate or, directly or indirectly, participate in the operation of any multilevel ...

(a) Any business opportunity seller or company which represents, in conjunction with any agreement which requires a total initial payment of an amount exceeding $500.00, that the seller ...

(a) Every multilevel distribution company intending to have participants in this state, with an agreement made in this state, or with its principal place of business in this ...

Sellers shall not: (1) Represent that a business opportunity or multilevel program provides income or earning potential of any kind unless the seller has documented ...

(a) Every business opportunity or multilevel distribution contract shall be in writing, and a copy shall be given to the purchaser or participant at the time he or ...

(a) Each seller numbering among its participants or purchasers any resident of this state, which has agreements made in this state, or which has its principal place of ...

(a) If a business opportunity seller or multilevel distribution company uses any untrue or misleading statements; or fails to comply with Code Section 10-1-411; or fails to deliver ...

(a) No person, firm, or corporation shall offer for sale merchandise, commodities, or services by making, publishing, disseminating, circulating, or placing before the public within this state in ...

(a) No person, firm, corporation, or association or any employee thereof, with intent directly or indirectly to dispose of real or personal property or to perform services, professional ...

(a)(1) Each individual who uses the term 'Doctor' or 'Dr.' in conjunction with his name in any letter, business card, advertisement, sign, public listing, display, or circular of ...

Any person, firm, or corporation offering through advertising merchandise, commodities, or services for sale in violation of Code Section 10-1-420, 10-1-421, or 10-1-422 may be enjoined from such ...

It shall be unlawful: (1) For any person, firm, association, or corporation to misrepresent the true nature of its business by use of the words ...

It shall be unlawful for any person, firm, association, or corporation to misrepresent the true ownership of a business for the purpose of carrying on a liquidation sale, ...

Any person, firm, association, or corporation violating any of the provisions of Code Sections 10-1-424 and 10-1-425 shall be guilty of a misdemeanor. Nothing in Code Section 10-1-424 ...

(a) No person, firm, corporation, or association or any employee thereof, with intent directly or indirectly to perform legal services or to do anything of any nature whatsoever ...

As used in this part, the term: (1) 'Art dealer' means a person who is in the business of dealing exclusively or nonexclusively in fine ...

(a) An art dealer shall not sell or consign a multiple in, into, or out of this state unless a written instrument is furnished to the purchaser or ...

(a) Except as provided in subsections (c), (d), and (e) of this Code section, the following information shall be provided as required by Code Section 10-1-431: ...

(a)(1) Except as provided in paragraph (2) of this subsection, whenever an art dealer furnishes information as required by Code Section 10-1-432, such information shall be a part ...

(a) The rights, liabilities, and remedies created by this part shall be construed to be in addition to and not in substitution, exclusion, or displacement of other rights, ...

(a) An art dealer, including a dealer consignee, who offers or sells a multiple in, into, or from this state without providing the information required in Code Sections ...

(a) Whenever the Attorney General or any district attorney has reason to believe that any person is violating any provision of this part, he may bring an action ...

(a) This part shall not apply to any fine art multiple when offered for sale or sold at wholesale or retail for $100.00 or less, exclusive of any ...

(a) As used in this part, the term: (1) 'Administrator' means the administrator appointed pursuant to Code Section 10-1-395. (2) 'Disaster related ...

(a) As used in this part, the term: (1) 'Applicant' means the person filing an application for registration of a trademark or service mark under ...

A trademark or service mark shall be entitled to registration unless it: (1) Consists of or comprises immoral, deceptive, or scandalous matter; or (2) ...

(a) Subject to the limitations set forth in this part, any person who adopts and uses a trademark or service mark in this state may file in the ...

(a) The following general classes of goods are established for convenience of administration of this part, but not to limit or extend the applicant´s or registrant´s rights; and ...

Upon compliance by the applicant with the requirements of this part, the Secretary of State shall cause a certificate of registration to be issued and delivered to the ...

(a) Registration of a trademark or service mark under this part shall be effective for a term of ten years from the date of registration; and, upon application ...

Any trademark or service mark and its registration under this part shall be assignable with the good will of the business in which the trademark or service mark ...

The Secretary of State shall keep for public examination a record of all trademarks or service marks registered or renewed under this part. ...

(a) The Secretary of State shall cancel from the register: (1) Any registration concerning which the Secretary of State shall receive a voluntary request for ...

Any person who shall for himself or on behalf of any person procure the filing or registration of any trademark or service mark in the office of the ...

Subject to Code Section 10-1-452, any person who shall: (1) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of ...

(a) Any owner of a trademark or service mark registered under this part may proceed by action to enjoin the manufacture, use, display, or sale of any counterfeits ...

Nothing in this part shall adversely affect the rights or the enforcement of rights in trademarks or service marks acquired in good faith at any time at common ...

Any firm, person, corporation, or association who shall use the name or seal of any other person, firm, corporation, or association, in and about the sale of goods ...

(a) As used in this Code section, the term 'forged or counterfeited trademark, service mark, or copyrighted or registered design' means any mark or design which is identical ...

No person or organization shall assume, use, adopt, become incorporated under, or continue to use the name and style or emblems of any benevolent, fraternal, social, humane, or ...

Whenever there shall be an actual or threatened violation of Code Section 10-1-470, the organization entitled to the exclusive use of the name in question under the terms ...

Any person who shall wear a badge, button, or other emblem or shall use the name or claim to be a member of any benevolent, fraternal, social, humane, ...

(a) Every person, firm, or partnership carrying on in this state any trade or business under any trade name or partnership name or other name which does not ...

The effect of this part shall be that no contract or undertaking entered into by any person, firm, or corporation, whether heretofore or hereafter entered into, shall be ...

This part shall not apply to corporations doing business under their corporate names, to limited partnerships doing business under their limited partnership names, or to limited liability companies ...

Any person, firm, partnership, or corporation carrying on any trade or business subject to registration under Code Section 10-1-490 without filing such registration as required by Code Section ...

(a) As used in this Code section, the term: (1) 'Artist' means the creator of a work of fine art. (2) 'Customer' ...

This article shall be known and may be cited as the 'Georgia Consignment of Art Act.' ...

As used in this article, the term: (1) 'Art dealer' means a person engaged in the business of selling works of art, other than a ...

Notwithstanding any custom, practice, or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of art of the artist´s ...

(a) An art dealer may accept a work of art on a fee, commission, or other compensation basis on consignment from the artist who created the work of ...

A consignment of a work of art shall result in all of the following: (1) The art dealer, after delivery of the work of art, ...

(a) A work of art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee´s own ...

Any cooperative may contract with its members to waive liability for the loss of or damage to works of art consigned to such cooperative. Any other provision of ...

An art dealer who accepts a work of art on a fee, commission, or other compensation basis on consignment from the artist who created the work of art ...

This article shall not apply to a written contract executed prior to July 1, 1995, unless either the parties agree by mutual written consent that this article shall ...

Any art dealer who violates this article is liable to the artist in an amount equal to: (1) Fifty dollars; and (2) The ...

Any auctioneer who may sell or dispose of any horse or mule shall be held responsible to the purchaser for damages in the event it is shown and ...

This article shall be known and may be cited as 'The Common Day of Rest Act of 1974.' ...

As used in this article, the term: (1) 'Two consecutive days of Saturday and Sunday' means the time between 12:00 Midnight on Friday and 12:00 ...

The purpose of this article is to promote the health, recreation, welfare, repose, and religious liberty of each individual of this state. This article is not designed to ...

Any business or industry which operates on either of the two rest days (Saturday or Sunday) and employs those whose habitual day of worship has been chosen by ...

This article is not applicable to and shall not prohibit: (1) Casual transactions between persons, none of whom are thereby carrying on a business or ...

The prohibitions of this article are not applicable to a person, nonprofit organization, or nonprofit corporation if its activity is conducted solely for charitable or religious purposes. ...

The prohibitions of this article are not applicable to any federal, state, county, municipal, or other local government department or agency in the conduct of its official duties ...

This article shall be known and may be cited as the 'Buying Services Act of 1975.' ...

As used in this article, the term: (1) 'Administrator' means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or his delegate. ...

No buying service or club nor any officer, official, employee, or agent thereof shall sell, advertise, or solicit the sale or purchase of memberships or contracts within this ...

As a condition to the issuance or retention of a license required by this article, each buying service or club shall: (1) Comply with such ...

(a) Application for a license as a buying service or club shall be made on forms prescribed by the administrator and shall contain such information and supporting documents ...

(a) Licenses issued under this article may be revoked, suspended, or not renewed by the administrator for: (1) Any violation of the substantive provisions of ...

No contract of membership shall be used by any buying service or club unless such contract is first approved by the administrator as to form. Any contract or ...

(a) Any person who has elected to become a member of a club may cancel such membership by giving written notice of cancellation any time before 12:00 Midnight ...

(a) A copy of every contract shall be delivered to the member at the time the contract is signed. (b) Every contract must be in ...

No contract shall be valid for a term longer than 18 months from the date upon which the contract is signed. However, a club may allow a member ...

(a) Each buying service or club licensed in this state shall keep and maintain: (1) Accurate accounts, books, and records of all transactions in this state; ...

The administrator is authorized to promulgate, adopt, and issue rules, regulations, and orders necessary or convenient to carry out the provisions and purposes of this article. Any such ...

Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall apply to all actions and proceedings of an administrative nature taken by the administrator pursuant to this ...

In addition to any other proceedings authorized by this article, the administrator may bring a civil action in the superior courts to enjoin any violation or threatened violation ...

(a) In order to enforce this article or any orders, rules, and regulations promulgated pursuant thereto, the administrator may issue an administrative order imposing a penalty not to ...

Any person, firm, corporation, organization, partnership, entity, buying club, or buying service violating any provision of this article shall be guilty of a misdemeanor. ...

This article shall be known and may be cited as the 'Georgia Motor Vehicle Franchise Practices Act.' ...

The General Assembly finds and declares that: (1) The distribution and sale of motor vehicles within this state are vital to the general economy of ...

As used in this article, the term: (1) 'Dealer' means any person engaged in the business of selling, offering to sell, soliciting, or advertising the ...

(a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or other terms or provisions of any novation, waiver, or other written instrument, any person who ...

(a) Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering of advertising for sale or has business dealings with ...

Actions arising out of any provision of this article shall be commenced within a four-year period of the accrual of the cause of action; however, if a person ...

The rights, remedies, and duties contained in this article are not exclusive but are cumulative with the rights, remedies, and duties otherwise provided by law. The rights and ...

No franchisor, nor any agent nor employee of a franchisor, shall use a written instrument, agreement, or waiver to attempt to nullify any of the provisions of this ...

Whenever any person brings an action or complaint to enforce any provision of this article in any court of competent jurisdiction and prevails or substantially prevails in such ...

This part shall be known and may be cited as the 'Georgia Motor Vehicle Dealer´s Day in Court Act.' ...

(a) It is declared to be violative of the existing law of the State of Georgia for any franchisor: (1) To fail to act in ...

This part shall be known and may be cited as the 'Motor Vehicle Warranty Practices Act.' ...

(a)(1) Each distributor, manufacturer, or warrantor: (A) Shall specify in writing to each of its dealers in this state the dealer´s obligations for predelivery preparation ...

Notwithstanding the terms, provisions, or conditions of any agreement of franchise, a manufacturer or distributor selling motor vehicles to dealers is liable for all damages to such motor ...

All manufacturers, distributors, and warrantors shall reimburse their dealers for reasonable attorney´s fees incurred by the dealer in defending any action in which the dealer is named as ...

This part shall not be applicable with respect to vehicles shipped or contracted to be shipped prior to July 1, 1983, pursuant to contracts which contain provisions which ...

(a) Any motor vehicle franchisor and at least a majority of its dealers of the same line make may agree in an express written contract, citing this Code ...

This part shall be known and may be cited as the 'Motor Vehicle Franchise Continuation and Succession Act.' ...

(a) Notwithstanding the terms, provisions, or conditions of any franchise and notwithstanding the terms or provisions of any waiver, no franchisor shall cancel, terminate, or fail to renew ...

(a) Unless there exists good cause for refusal to honor succession on the part of the franchisor, any designated successor of a deceased or incapacitated owner may succeed ...

If a new motor vehicle dealer desires to make a change in its executive management or ownership or to sell its principal assets, the new motor vehicle dealer ...

Reserved. ...

This part shall be known and may be cited as the 'Motor Vehicle Fair Practices Act.' ...

(a) No franchisor shall require, attempt to require, coerce, or attempt to coerce any dealer in this state: (1) To order or accept delivery of ...

(a) It shall be unlawful for any franchisor: (1) To delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or ...

(a) No franchisor shall require, attempt to require, coerce, or attempt to coerce any dealer in this state: (1) To participate monetarily in an advertising ...

There shall be a right of first refusal to purchase in favor of the franchisor if the dealer has entered into an agreement to transfer the dealership or ...

(a) Any franchisor which intends to establish a new dealership or to relocate a current dealership for a particular line-make motor vehicle within the relevant market area of ...

(a) It shall be unlawful for any manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor to ...

As used in this part, the term: (1) 'Commissioner' means the state revenue commissioner. (2) 'Department' means the Department of Revenue. ...

As an alternative to and in addition to any civil or criminal enforcement of this article, the state revenue commissioner by and through the Department of Revenue is ...

Any dealer, distributor, or manufacturer who is aggrieved by a violation of any provision of this article may file a petition with the Department of Revenue setting forth ...

(a) In addition to the licensing fee set forth in Code Section 40-2-38, each dealer shall register annually with the department and shall pay an annual registration fee ...

Any provision of this article which would, in the absence of this Code section, impair an obligation of a franchise agreement or any other agreement between a manufacturer ...

The General Assembly finds and declares that the distribution of marine vessels and products in the State of Georgia vitally affects the general economy of the state and ...

As used in this article, the term: (1) 'Distributor' or 'wholesaler' means any person, company, or corporation who sells or distributes marine products to marine ...

(a)(1) Whenever any marine dealer enters into a franchise, selling, or other contractual agreement with a manufacturer, distributor, or wholesaler wherein the dealer agrees to maintain an inventory ...

The provisions of this article shall apply to any contract now in effect which has no expiration date and is a continuing contract and any other contract entered ...

(a) As used in this article, the term: (1) 'Community of interest' means a continuing financial interest between the grantor and the grantee in either ...

(a) This article shall be liberally construed and applied to promote its underlying remedial purposes and policies. (b) The underlying purposes and policies of this ...

The grantor shall designate in writing the area of sales responsibility assigned to a recreational vehicle dealer and shall not change such area nor establish another recreational vehicle ...

Sales of recreational vehicles by grantors or distributors shall be in accordance with published prices, charges, and terms of sale in effect at any given time. ...

No grantor, directly or through any officer, agent, or employee, may terminate, cancel, fail to renew, or substantially change the competitive circumstances, including the area of sales responsibility, ...

(a) Except as provided in this Code section, a grantor shall provide a recreational vehicle dealer at least 120 dayś prior written notice of termination, cancellation, nonrenewal, or ...

(a) If a recreational vehicle dealership franchise agreement is terminated, canceled, or not renewed by the grantor, the grantor, at the option of the recreational vehicle dealer, shall ...

It shall be unlawful for any grantor, directly or through any officer, agent, or employee: (1) To coerce, or attempt to coerce, any dealer to ...

It shall be unlawful for any grantor to prevent or refuse to approve the sale or transfer of the ownership of a recreational vehicle dealership by the sale ...

(a) It shall be unlawful for any grantor to fail to provide a recreational vehicle dealer with an opportunity, at the time of signing a recreational vehicle dealership ...

(a) Each grantor or warrantor, where applicable, shall specify in writing to each of its recreational vehicle dealers licensed in Georgia the dealeŕs obligation for preparation, delivery, and ...

If any grantor or warrantor violates this article, a recreational vehicle dealer may bring an action against such grantor or warrantor in a court of competent jurisdiction in ...

In any action brought by a recreational vehicle dealer against a grantor or warrantor under this article, any violation of this article by the grantor or warrantor shall ...

It shall be unlawful for a grantor to establish a new recreational vehicle dealership unless the dealer meets the requirements and definitions provided in this article. ...

It shall be unlawful for any dealer to sell or distribute any new recreational vehicle in Georgia unless the dealer has a franchise dealership agreement with a grantor ...

Any person who violates the provisions of this article shall be guilty of a misdemeanor. ...

This article shall be known and may be cited as the 'Lease-purchase Agreement Act.' ...

As used in this article, the term: (1) 'Lease-purchase agreement' means an agreement for the use of personal property by a lessee primarily for personal, ...

(a) A lease-purchase agreement shall be in the form of a written statement which shall include all of the following: (1) A brief description of ...

(a) An advertisement for any lease-purchase agreement shall not state that a specific lease of any property at specific amounts or terms is available unless the lessor usually ...

A lease-purchase agreement shall not contain a provision: (1) Requiring a garnishment of wages or a power of attorney to confess a judgment; ...

(a) A lessor shall not require the purchase of insurance by the lessee from the lessor of a leased item. (b) A lessor shall not ...

(a) A lessee who fails to make timely periodic payments shall have the right to reinstate the original lease-purchase agreement without losing any rights or options previously acquired ...

(a) Any person who shall willfully and intentionally violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by ...

No action shall be brought under this article more than four years after the person bringing this action knew or should have known of the occurrence of the ...

The following form is an example of the form which may be used to satisfy the disclosure requirements of subsection (b) of Code Section 10-1-682, requiring that the ...

As used in this article, the term: (1) 'Commission' means compensation accruing to a sales representative for payment by a principal, the rate of which ...

Reserved. ...

(a) When a contract between a principal and a sales representative is terminated, the principal shall within 30 days after the termination of the contract pay all commissions ...

The provisions of this article may not be waived; and, in applying the provisions of this article, the courts of this state shall not recognize any purported waiver ...

A principal who is not a resident of this state and who enters into a contract subject to this article is declared to be doing business in this ...

As used in this article, the term: (1) 'Adult' means any person who is not a minor. (2) 'Dealer' means any person, ...

(a) Effective January 1, 1988, no franchise agreement entered into between a producer and a dealer or a redistributor and a dealer shall deny a dealer the rights ...

This article shall be known and may be cited as the 'Georgia Multiline Heavy Equipment Dealer Act.' ...

As used in this article, the term: (1) 'Agreement' means a commercial relationship, either written or oral, between a supplier and a multiline dealer pursuant ...

(a) Notwithstanding the terms, provisions, or conditions of any agreement, no supplier shall unilaterally amend, cancel, terminate, or refuse to continue to renew any agreement, or unilaterally cause ...

(a) Except as provided in subsection (d) of this Code section, a supplier shall provide a multiline dealer at least 120 days´ prior written notice of any intention ...

(a) No supplier shall unreasonably withhold or delay consent to any transfer of the multiline dealer´s business or transfer of the stock or other interest in the dealership ...

Notices required by this article shall be sent by certified or registered mail or statutory overnight delivery, postage prepaid. ...

No supplier shall require or prohibit any change in management or personnel of any multiline dealer unless the current or potential management or personnel fails to meet reasonable ...

The provisions of this article shall be deemed to be incorporated into every agreement subject to this article and shall supersede and control all other provisions of any ...

(a) Every agreement entered into under the provisions of this article shall impose on the parties the obligation to act in good faith and deal fairly. ...

(a) Venue to hear and determine cases and controversies arising under the provisions of this article shall be in the superior court of the county wherein the multiline ...

The provisions of this article shall apply to any agreements entered into on or after July 1, 1989. The provisions of this article shall also apply to any ...

This article shall be known as the 'Georgia Trade Secrets Act of 1990.' ...

As used in this article, the term: (1) 'Improper means' includes theft, bribery, misrepresentation, breach or inducement of a breach of a confidential relationship or ...

(a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the ...

(a) In addition to or in lieu of the relief provided by Code Section 10-1-762, a person is entitled to recover damages for misappropriation. Damages can include both ...

If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation ...

In an action under this article, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection ...

An action for misappropriation must be brought within five years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the ...

(a) Except as provided in subsection (b) of this Code section, this article shall supersede conflicting tort, restitutionary, and other laws of this state providing civil remedies for ...

This article shall be known and may be cited as the 'Motor Vehicle Warranty Rights Act.' ...

The General Assembly recognizes that a new motor vehicle is a major consumer purchase and that a defective motor vehicle is likely to create hardship for, or may ...

Unless the context clearly requires otherwise, the definitions in this Code section apply throughout this article. As used in this article, the term: (1) 'Administrator' ...

(a) Each new motor vehicle dealer shall provide an owner´s manual which shall be published by the manufacturer and include a list of the addresses and phone numbers ...

(a)(1) If the manufacturer, its agent, or the new motor vehicle dealer is unable to repair or correct any nonconformity in a new motor vehicle after a reasonable ...

(a) No manufacturer or other transferor shall knowingly resell, either at wholesale or retail, lease, transfer a title, or otherwise transfer, except to sell for scrap, any motor ...

(a) As provided in Code Section 10-1-794, the administrator may establish a new motor vehicle arbitration panel or panels to settle disputes between consumers and manufacturers as provided ...

(a) A consumer shall request arbitration under this article by submitting a request in writing to the administrator. Except as otherwise provided in this article, disputes under the ...

(a) After the manufacturer has received notice of the consumer´s acceptance or rejection, the consumer or the manufacturer shall have 40 days to request a trial de novo ...

(a) Effective July 1, 1990, a fee of $3.00 shall be collected by the new motor vehicle dealer from the consumer at completion of a sale or a ...

A violation of this article, or any failure of any person, including a manufacturer or its agents, to honor any express warranty, automotive or otherwise, issued by that ...

Any agreement entered into by a consumer for the purchase of a new motor vehicle that waives, limits, or disclaims the rights set forth in this article shall ...

Nothing in this article shall limit anyone from pursuing other rights or remedies under any other law, except as otherwise provided in this article. ...

(a) If a manufacturer has established an informal dispute resolution settlement mechanism in this state and is operating in accordance with rules promulgated by the administrator under this ...

The new motor vehicle arbitration panel or panels shall begin operating on January 2, 1991. The administrator in his discretion may establish and operate the panel or panels ...

This article shall be known and may be cited as the 'Farm Tractor Warranty Act.' ...

As used in this article, the term: (1) 'Consumer' means a purchaser, other than for purposes of resale, of a new farm tractor, a person ...

The manufacturer must supply to the dealer and the dealer must present directly to the consumer at the time of purchase a written notice stating, in ten-point all-capital ...

If the farm tractor does not conform to applicable express written warranties and the consumer reports the nonconformity to the manufacturer and its authorized dealer within 18 months ...

(a) If the manufacturer or its authorized dealers are unable to make the farm tractor conform to any applicable express written warranty by repairing or correcting any condition ...

The 18 month period and the 30 day repair period shall be extended by any period of time during which repair services or replacement parts are not available ...

(a) If a manufacturer has established, or participates in, an informal dispute settlement procedure which substantially complies with the provisions of the Code of Federal Regulations, Title 16, ...

It shall be an affirmative defense to claims under this article that: (1) An alleged nonconformity does not substantially impair such use and market value; ...

Any action brought under this article shall be commenced within 12 months following the 18 month period. ...

Nothing in this article limits the rights or remedies which are otherwise available to a consumer under any other provisions of law. ...

As used in this article, the term: (1) 'Beauty pageant' means any contest or competition in which entrants are judged on the basis of physical ...

Before accepting any entrant´s fee, all operators shall provide to each entrant a written document in at least ten-point type clearly containing only the following information: ...

Except for operators who are exempt from the requirements of this Code section, in accordance with Code Section 10-1-833, each operator shall maintain a bond in the amount ...

No bond shall be required from nonprofit organizations, bona fide civic clubs in existence for at least one year, churches, religious organizations, and groups, fairs, or festivals affiliated ...

If a beauty pageant is canceled or fails to take place, all entrants´ fees shall be promptly refunded by the operator. For pageants subject to Code Section 10-1-832, ...

Any violation of this article shall be considered a violation of Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975,' as administered ...

Any person, firm, corporation, organization, partnership, entity, or operator violating any provision of this article shall be guilty of a misdemeanor. ...

In lieu of obtaining the bond required by Code Section 10-1-832, any operator may place all entrants´ fees in an escrow account from which the operator cannot and ...

Any individual who fails to comply with either Code Section 10-1-832 or 10-1-837 shall be individually liable for any damages or losses suffered by any participant in a ...

As used in this article, the term: (1) 'Disabled person' means a person who has a physical or mental impairment which substantially limits one or ...

When any person who is found to have conducted business in violation of Article 15, 17, or 21 of this chapter is found to have committed said violation ...

In determining whether to impose a civil penalty under Code Section 10-1-851 and the amount thereof, the court shall consider the extent to which one or more of ...

An elder or disabled person who suffers damage or injury as a result of an offense or violation described in this article has a cause of action to ...

The administrator may develop and implement state-wide educational initiatives to inform elder persons and disabled persons, law enforcement agencies, the judicial system, social services professionals, and the general ...

The administrator may establish and maintain referral procedures with the Office of Aging within the Department of Human Resources in order to provide any necessary intervention and assistance ...

Nothing in this article shall serve to prevent the administrator appointed under Code Section 10-1-395 from investigating and pursuing unfair and deceptive acts or practices committed under Part ...

The administrator shall receive all complaints under this article. He or she shall refer all complaints or inquiries concerning conduct specifically approved or prohibited by the Secretary of ...

This article shall be known and may be cited as the 'Assistive Technology Warranty Act.' ...

As used in this article, the term: (1) 'Assistive technology device' means any device or equipment with a retail cost to a consumer of $1,000.00 ...

A manufacturer who sells an assistive technology device to a consumer, either directly or through an assistive technology device dealer, shall furnish the consumer with an express written ...

(a) If a new assistive technology device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive technology device ...

A manufacturer or assistive technology device dealer who recommends and sells an assistive technology device to a consumer shall accept a return of the assistive technology device within ...

(a) This article shall not be deemed to limit rights or remedies available to a consumer under any other law or contract. (b) Any waiver ...

This article shall be known and may be cited as the 'Motorized Wheelchair Warranty Act.' ...

As used in this article, the term: (1) 'Collateral costs' means expenses incurred by a consumer in connection with the repair of a nonconformity, including ...

A manufacturer who sells a motorized wheelchair to a consumer, either directly or through a motorized wheelchair dealer, shall furnish the consumer with an express written warranty for ...

(a) If a new motorized wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motorized wheelchair lessor, or ...

(a) This article shall not be deemed to limit rights or remedies available to a consumer under any other law or contract. (b) Any waiver ...

The General Assembly finds and declares as follows: (1) The privacy and financial security of individuals is increasingly at risk due to the ever more ...

As used in this article, the term: (1) 'Breach of the security of the system' means unauthorized acquisition of an individuaĺs computerized data that compromises ...

(a) Any information broker that maintains computerized data that includes personal information of individuals shall give notice of any breach of the security of the system following discovery ...

As used in this chapter and any rules or regulations promulgated pursuant to this chapter, the term: (1) 'Commissioner' means the Commissioner of Agriculture, the ...

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized; and either one, or ...

Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the National Bureau of Standards, ...

The specifications, tolerances, and other technical requirements for commercial weighing and measuring devices as adopted by the National Conference on Weights and Measures and published in the National ...

The Commissioner shall: (1) Maintain traceability of the State of Georgia´s standards to the National Bureau of Standards; (2) Enforce this chapter; ...

When necessary for the enforcement of this chapter or rules or regulations promulgated pursuant to this chapter, the Commissioner is: (1) Authorized to enter any ...

No person shall sell, offer, or expose for sale less than the quantity he represents nor take any more than the quantity he represents when, as buyer, he ...

No person shall misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count nor represent the price in ...

Except as otherwise provided by rules or regulations promulgated by the Commissioner, commodities in a liquid form shall be sold by liquid measure or by weight; and commodities ...

Whenever the quantity is determined by the seller, bulk sales in excess of $20.00 and all bulk deliveries of heating fuel shall be accompanied by a delivery ticket ...

Except as otherwise provided in this chapter or by rules or regulations promulgated pursuant to this chapter, any package kept for the purpose of sale or offered or ...

In addition to the declarations required by Code Section 10-2-11, any package which is one of a lot containing random weights of the same commodity and bearing the ...

Whenever a packaged commodity is advertised in any manner with the retail price stated, a declaration of quantity as is required by this article or by rule or ...

It shall be unlawful for any person to: (1) Use or possess any incorrect weight or measure for use in commerce; (2) Remove ...

It shall be the duty of the Commissioner to adopt standards for moisture testing equipment utilized in determining the moisture content of grain offered for sale in this ...

No person shall operate moisture testing equipment to determine the moisture content of grain offered for sale unless such person shall be trained in the operation thereof and ...

The Commissioner is authorized to inspect scales used for the calculation and determination of fees or charges for the transportation of bulk materials, packages, goods, and commodities in ...

Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which buying or selling is commonly ...

(a) As used in this Code section, the term 'compressed natural gas' means a mixture of hydrocarbon gases and vapors, consisting principally of methane in gaseous form, that ...

The Commissioner or his representative, at the discretion of the Commissioner, is authorized to apply to any court of competent jurisdiction for a temporary or permanent injunction restraining ...

(a) As an alternative to criminal or other civil enforcement, the Commissioner, in order to enforce this article or any orders, rules, or regulations promulgated pursuant thereto, after ...

Any person, firm, partnership, corporation, society, or association who shall violate this article, relating to weights and measures in general, or any rule or regulation promulgated pursuant to ...

All pulpwood, sawtimber, poles, and other types of timber sold or measured in this state by weight shall be sold on the basis of tonnage or pounds, with ...

Any person who shall weigh, measure, or record the indications or readings of weighing or measuring and declare the weight, measure, reading, or recording to be the true ...

(a) Any person who desires to be a certified public weigher in this state shall apply for and obtain a license permit from the Commissioner by filing a ...

Certified public weighers shall be licensed for a period of one year beginning on July 1 and ending on June 30, next. A fee of $5.00 shall be ...

After reasonable notice and opportunity for a hearing before the Commissioner, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' any license permit as ...

Reserved. ...

It shall be the duty of every certified public weigher licensed under this article to obtain through the Department of Agriculture an official seal which shall have inscribed ...

For the weighing of leaf tobacco sold or offered for sale at a licensed tobacco warehouse, an official seal for certification of all weights made at the warehouse ...

In the interest of public welfare, the seal provided for a certified public weigher shall be the property of the State of Georgia and shall be returned to ...

It shall be the duty of bonded certified public weighers licensed under this article to issue certificates of weight, measure, count, or recording on forms to be approved ...

It shall be unlawful for any certified public weigher to use any weights, measures, reading, or recording device which has not been tested and approved by the Commissioner ...

(a) On and after March 9, 1956, all leaf tobacco sold, or offered for sale, in a tobacco warehouse shall be weighed by a certified public weigher who ...

Any itinerant dealer who shall sell or offer to sell coal or coke by a weight other than a weight certified by a person licensed under this article ...

This article shall be administered by the Commissioner of Agriculture, and he is empowered to make and promulgate rules and regulations necessary for the enforcement of this article ...

(a) As an alternative to criminal or other civil enforcement, the Commissioner, in order to enforce this article or any orders, rules, and regulations promulgated pursuant thereto, after ...

(a) Any certified public weigher who shall issue a certificate giving a false weight, measure, count, or reading, or who shall misrepresent the weight, measure, count, or reading ...

The transfer of notes secured by a mortgage or otherwise conveys to the transferee the benefit of the security. If more than one note is secured and the ...

In all cases the endorser may be sued in the same action and in the same county with the maker or drawer or acceptor. ...

All promissory notes, contracts, or other evidences of debt taken by any person, agent, company, or corporation for the purchase price of any patent right, copyright, or proprietary ...

Any person, firm, company, or corporation who may purchase any note, contract, or other evidence of debt given for any of the articles or things set forth in ...

If any person shall violate Code Section 10-3-3 by selling any of the articles mentioned in that Code section without expressing on the face of notes or contracts ...

This article shall be cited as the 'Georgia State Warehouse Act.' ...

As used in this article, the term: (1) 'Agricultural product' means individually and collectively all grains, cotton, meat, fruits, vegetables, and other farm products offered ...

Within the police powers of the state and for the general welfare, there is established as provided in this article a warehouse system for the State of Georgia ...

(a) The provisions of this article shall not be construed to apply to: (1) Any warehouse licensed under the United States Warehouse Act, as amended, ...

(a) It shall be the duty of the Commissioner to foster and promote in every possible way good warehousing practices so as to afford proper storage of agricultural ...

(a) Prior to the adoption or change of any rule or regulation, the Commissioner shall promulgate the proposed rule or regulation or change and afford interested persons opportunity ...

All rules and regulations, orders, schedules of charges, and fees approved or promulgated or issued by the Commissioner under the terms of this article shall be of uniform ...

Nothing contained in this article shall be interpreted so as to conflict with any existing regulations of the federal government, or of the federal and state governments jointly, ...

Any person aggrieved by a final determination or decision of the Commissioner in any matter in which a hearing is required or authorized by this article or the ...

(a) No person shall operate a warehouse as defined under this article in this state unless he or she has a valid, effective license issued by the Commissioner ...

If not otherwise required by this article, any person operating a warehouse for the storage of agricultural products may elect to come within this article and, upon approval ...

(a) Every person intending to engage in business as a warehouseman under this article shall, prior to commencing such business and periodically thereafter as the Commissioner shall require, ...

Upon the filing with and approval by the Commissioner of a bond, in compliance with this article, for the conduct of a warehouse under this article, such warehouse ...

(a) Any person claiming that he or she has been damaged by a breach of the conditions of a bond given by a licensee as provided in Code ...

In addition to the general powers conferred by Code Section 10-4-5, the Commissioner and his duly authorized agents or employees shall have full power and authority to inspect ...

Each inspector and examiner employed by the Commissioner for the inspection and examination of warehouses licensed under this article shall be bonded in an amount not less than ...

Warehousemen coming under this article shall pay an annual license fee which includes all inspections in an amount based on storage capacity in an amount fixed by rule ...

Any agricultural product delivered to a warehouse under this article shall be presumed to be delivered for storage. ...

(a) Unless otherwise required by law or by rule or regulation, an original receipt shall be issued for cotton and, at the option of the warehouseman or depositor, ...

(a) Warehouse receipts need not be in any particular form, but every such receipt must embody within its written or printed terms: (1) The location ...

Every warehouseman conducting a warehouse under this article shall, without unnecessary delay, deliver the agricultural product as described on each warehouse receipt issued by him upon a demand ...

Except as provided in Code Section 11-7-601, no warehouseman conducting a warehouse under this article shall deliver any agricultural product for which a warehouse receipt has been issued ...

Every warehouseman conducting a warehouse under this article shall keep for inspection for such period as the Commissioner may prescribe, in a place of safety, complete and correct ...

The Commissioner is authorized through officials, employees, or agents designated by him to inspect all receipt records and inventory records of warehouses under this article. In the event ...

All agricultural products stored for the producer in their raw or natural state, and cotton in any form stored for the producer, in storage in a warehouse under ...

(a) Prior to transaction of any warehouse business at any warehouse under this article and annually thereafter, the warehouseman shall file with the Commissioner a schedule of charges ...

All warehouses licensed under this article shall provide not less than one certified public weigher for each warehouse in accordance with Code Sections 10-2-40 through 10-2-54. ...

Each warehouse under this article must be equipped with suitable scales in good order and so arranged that all agricultural products for storage can be weighed by the ...

At such time as the Commissioner or supervisor deems there has been a violation of the law and the rules and regulations, he shall have the power and ...

(a) The Commissioner, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' may suspend or revoke any license issued to any warehouseman to conduct ...

The Commissioner may publish the names and locations of warehouses licensed and bonded, the names and addresses of persons licensed under this article, and lists of all licenses ...

(a) Every person who, without lawful authority, shall convert to his own use, or use for purposes of securing a loan, or remove from a warehouse under this ...

This article shall not relieve any person, including, but not limited to, any bank, savings and loan, or other financial lending institution, that requires, solicits, or otherwise accepts ...

The Commissioner of Agriculture shall be the state warehouse commissioner. ...

The state warehouse commissioner shall give bond payable to the Governor and his successors in office for the faithful performance of his duties, in the sum of $25,000.00, ...

(a) The commissioner shall have the power to appoint graders, officers, clerks, and all necessary employees to carry out this article and fix the salaries of same. He ...

(a) The commissioner shall have power to sue and be sued, plead and be impleaded, upon the same terms as an individual or corporation, the action to be ...

It shall be the duty of the commissioner to study the condition under which cotton is grown, harvested, ginned, baled, covered, stored, and marketed and as a result ...

The commissioner shall have power to acquire property. It shall be his duty to foster and encourage the erection of warehouses in the various counties, upon plans and ...

The commissioner shall have the right to erect, buy, lease, or otherwise contract for a compress plant, or make contract or contracts with existing compress owners for the ...

The commissioner shall insure against fire all buildings, machinery, or other property owned by the commissioner in the name of the state. The commissioner shall have insured all ...

(a) The state warehouse commissioner shall make an annual report to the General Assembly, setting forth: (1) Number and location of each warehouse where cotton ...

The commissioner shall cooperate with other states where a state warehouse system is in operation and promote the formation of an interstate board so that there may be ...

No debt shall be created against the state by reason or operation of this article. ...

The state warehouse commissioner shall accept as authoritative the standards and classifications of cotton established by the federal government. ...

(a) The state warehouse commissioner may receive for storage lint cotton, properly baled, with an inspection tag showing that it has been legally weighed and that a federal ...

The state warehouse commissioner shall settle the terms upon which cotton may be stored in the local warehouses coming under this article and fix the rate of storage ...

The state warehouse commissioner may, upon the request of the owner of warehouse receipts, negotiate loans upon the same, or make sale of the cotton on storage, and ...

The state warehouse commissioner shall provide for the cost of maintaining this system by assessing a charge upon each bale of cotton offered for storage, and for negotiation ...

The warehouse receipt books shall be designed by the state warehouse commissioner and furnished the manager of each warehouse. Receipts shall be numbered, and the warehouse receiving such ...

(a) If the warehouseman to whom cotton is offered for storage shall have cause to believe there is an adverse lien, title, or claim to the cotton, he ...

Any person who shall deposit, or attempt to deposit, cotton upon which a lien, mortgage, or adverse claim exists, without notifying the manager of the warehouse thereof and ...

Should any party required by Code Section 10-4-76 to make an affidavit as to an adverse lien, title, or claim to cotton offered to a warehouseman for storage ...

Any manager, employee, agent, officer, or other person who shall deliver cotton from a warehouse under this article, except upon the production of the receipt therefor, or who ...

The manager of any warehouse, or agent, employee, or servant, who issues or aids in issuing a receipt for cotton, knowing that such cotton has not been actually ...

Any manager, employee, servant, or other person who shall issue or aid in issuing a duplicate or additional receipt for cotton, knowing that the former receipt or any ...

It is the intent and purpose of this part to enable producers to have sufficient time to cure, prepare, and market their flue-cured leaf tobacco in a proper ...

No person, real or corporate, shall operate, hold, or conduct an auction sale for the sale of flue-cured leaf tobacco within this state without first having obtained a ...

In addition to other authority granted him by this part, the Commissioner of Agriculture shall be authorized to promulgate regulations prescribing physical standards for buildings used as warehouses ...

As a prerequisite to the issuance of a license under this part, each applicant shall furnish evidence to the Commissioner of Agriculture that he has in force a ...

In the event sales opportunity shall be designated or allocated to this state by any regulatory group or committee, the Commissioner of Agriculture shall be authorized to allocate ...

In addition to other authority granted him by this part, the Commissioner of Agriculture shall be authorized to deny issuance of, or to suspend or revoke, any license ...

(a) This Code section shall be known and may be cited as 'The Georgia Tobacco Marketing Act of 1995.' (b) The maximum charges and expenses ...

The licensee of each and every warehouse shall render to each seller of tobacco of his warehouse an itemized statement plainly stating the amount charged for weighing and ...

(a) As used in this Code section, the term 'tobacco contract' means any contract between a tobacco company and a tobacco grower under which the tobacco company contracts ...

Each licensee shall keep a correct daily account of the number of pounds of leaf tobacco sold upon the floor of his warehouse. On or before Monday of ...

The Commissioner of Agriculture shall cause to be kept and compiled the information submitted to him as to the sales of tobacco in this state. He shall cause ...

To aid in the administration of this part, there is created an advisory board to be known as the Georgia Tobacco Advisory Board and to be composed of ...

(a) The board shall meet in June of each year, or upon the call of the chairman, to survey the condition of the tobacco crop and recommend an ...

(a) The operating day of each flue-cured leaf tobacco warehouse shall not exceed the number of hours required to handle and sell adequately and efficiently the number of ...

The maximum rate of sales at any flue-cured leaf tobacco warehouse shall not exceed 500 baskets during any one hour, nor shall the rate of sales during any ...

(a) Any person, firm, or corporation purchasing tobacco at auction at any flue-cured leaf tobacco auction sales establishment licensed under this Code section shall be deemed to be ...

Reserved. ...

(a) Any person, firm, or corporation purchasing flue-cured leaf tobacco from producers other than at auction sales shall be required to apply to and obtain from the Commissioner ...

The Commissioner of Agriculture, himself or through his agent, is authorized to inspect the premises of each licensee as often as he shall deem necessary. It shall be ...

It shall be the duty of each licensee to provide a certified public weigher for the weighing of tobacco upon his premises; and it shall be unlawful for ...

(a) Whenever a duly authorized agent of the Commissioner finds or has probable cause to believe that any tobacco has been treated with any pesticide not currently registered ...

It shall be the duty of the Commissioner of Agriculture to enforce this part and to utilize any employee of the Department of Agriculture in the performance of ...

At such time as the Commissioner of Agriculture deems there has been a violation of this part and the rules and regulations promulgated under this part, he shall ...

In addition to the remedies provided in this part and notwithstanding the existence of any other remedy of law and notwithstanding the pendency of any criminal prosecution, the ...

(a) Prior to adoption or change of any rules and regulations, the Commissioner of Agriculture shall promulgate the proposed rule or regulation or change and afford interested persons ...

Any person aggrieved by a final decision or determination in any matter in which a hearing is required or authorized by this part or by the state or ...

Any person who shall violate any provision of this part for which no specific punishment is provided in this part shall be guilty of a misdemeanor. ...

It is the intent and purpose of this part to enable producers of flue-cured leaf tobacco to avail themselves of an adequate and safe method of storing flue-cured ...

As used in this part, the term: (1) 'Carry-over tobacco' means any tobacco unsold in the year of its production and held, for whatever reason, ...

No person, real or corporate, shall operate a service for receiving within this state flue-cured leaf tobacco for the purpose of weighing, redrying, and storing said tobacco from ...

As a prerequisite to the issuance of a license under this part, each applicant shall furnish evidence to the Commissioner of Agriculture that there is in force an ...

As a prerequisite to the issuance of a license under this part, each applicant shall also furnish evidence to the Commissioner of Agriculture that he has in force ...

The maximum charges and expenses to be maintained by operators under this part receiving tobacco unsold in the year of production to be stored until sold in the ...

Each licensee shall render to each producer submitting carry-over tobacco for storage until the next selling season at the time of receipt of the tobacco a statement of ...

The contract between the operator and producer shall state the percentage division of money received above the contract sales price plus a service charge and processing cost. The ...

Each licensee shall keep a record of the number of pounds of carry-over tobacco received by him for storage until the next selling season, identifying the amount received ...

The Commissioner of Agriculture shall cause to be kept and compiled the information submitted to him as to the storage and sale of carry-over tobacco and is authorized ...

The tendering of carry-over tobacco by producers to operators to be stored until the next selling season shall not be deemed a sale as of the time of ...

It shall be the duty of each licensee to provide a certified public weigher for the weighing of carry-over tobacco at the time and place of receipt of ...

The Commissioner of Agriculture shall be authorized to promulgate regulations to implement this part, to accomplish its purposes, and to prescribe physical standards for buildings and premises used ...

It shall be the duty of the Commissioner of Agriculture to enforce this part and to utilize any employee of the Department of Agriculture in the performance of ...

In addition to the remedies provided in this part and notwithstanding the existence of any other remedy at law and notwithstanding the pendency of any criminal prosecution, the ...

Any person who violates any provision of this part or the rules and regulations issued under this part shall be guilty of a misdemeanor. ...

(a) Tobacco warehousemen licensed and bonded under the laws of this state to operate warehouses for the sale of leaf tobacco at auction are authorized to organize, either ...

In the event there are two such warehousemen in a municipality and in the event the two cannot agree as to the organization of any such board, or ...

(a) Each such tobacco board of trade is authorized to make reasonable rules and regulations not in conflict with the laws of this state and the rules and ...

(a) The tobacco boards of trade in the several municipalities in Georgia are authorized to require as a condition to membership therein the payment of a reasonable fee ...

In addition to complying with the laws of this state relative to the operation of tobacco warehouses, local boards of trade may require membership in good standing in ...

Membership in the several boards of trade may be divided into categories as the board may provide in its bylaws and may include, in addition to warehousemen, members ...

Any person suspended or expelled from a tobacco board of trade may appeal from such suspension or expulsion to the superior court of the county in which the ...

Nothing in this part shall authorize the organization of any association or corporation having for its purpose the control of prices or the making of rules and regulations ...

This article shall be known and may be cited as the 'Convenience Warehouse Act of 1975.' ...

(a) As used in this article, the term: (1) 'Convenience warehouse' means a series of storage spaces contained in one building or in a series ...

(a) Any person engaged in the business of operating a convenience warehouse shall obtain from each person renting or leasing a storage space the following information: ...

(a) Any person engaged in the business of operating a convenience warehouse who fails to obtain the information required by subsection (a) of Code Section 10-4-192 or who ...

This article shall be known and may be cited as the 'Georgia Self-service Storage Facility Act.' ...

For purposes of this article, the term: (1) 'Last known address' means that address provided by the occupant in the latest rental agreement or the ...

The owner of a self-service storage facility and his heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility ...

Provided that it complies with the requirements of this Code section, an owner may enforce the lien without judicial intervention. Owner shall obtain from occupant a written rental ...

Nothing in this article shall be construed as in any manner impairing or affecting the right of the parties to create additional rights, duties, and obligations in and ...

All rental agreements entered into before July 1, 1982, and not extended or renewed after that date, and the rights and duties and interests flowing from them shall ...

(a) The General Assembly finds that a problem is posed in this state by the increasing use of the telephone in a fraudulent or abusive manner as a ...

(a) As used in this chapter, the term: (1) 'Charitable contribution' means the promise or grant of any money or property of any kind or ...

(a) The Secretary of State shall be authorized to promulgate rules to prohibit deceptive or fraudulent telemarketing activities and other abusive telemarketing activities by persons subject to the ...

(a) It shall be unlawful for any person who is jurisdictionally subject to the provisions of Chapter 5 of this title, the 'Georgia Securities Act of 1973'; the ...

(a) With respect to any person who is jurisdictionally subject to the provisions of Chapter 5 of this title, the 'Georgia Securities Act of 1973,' the Secretary of ...

(a) Any person who shall willfully violate any provision of this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished as described under ...

(a) The remedies, duties, prohibitions, and penalties of this chapter are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by ...

For purposes of this chapter, an offer to sell or to buy is made in this state, whether or not either party is then present in this state, ...

This chapter shall be known as and may be cited as the 'Brokerage Relationships in Real Estate Transactions Act.' ...

(a) The General Assembly finds, determines, and declares that application of the common law of agency to the relationships between real estate brokers and persons who are sellers, ...

As used in this chapter, the term: (1) 'Agency' means every relationship in which a real estate broker acts for or represents another as a ...

(a) A broker who performs brokerage services for a client or customer shall owe the client or customer only the duties and obligations set forth in this chapter, ...

(a) A broker engaged by a seller shall: (1) Perform the terms of the brokerage engagement made with the seller; (2) Promote the ...

(a) A broker engaged by a landlord shall: (1) Perform the terms of the brokerage engagement made with the landlord; (2) Promote the ...

(a) A broker engaged by a buyer shall: (1) Perform the terms of the brokerage engagement made with the buyer; (2) Promote ...

(a) A broker engaged by a tenant shall: (1) Perform the terms of the brokerage engagement made with the tenant; (2) Promote the ...

(a) The relationships set forth in Code Sections 10-6A-4 through 10-6A-8 and Code Sections 10-6A-12 and 10-6A-13 shall commence at the time that the client engages the broker, ...

All brokerage engagements must: (1) Advise the prospective client of the types of agency relationships available through the broker; (2) Advise such ...

The payment or promise of payment of compensation to a broker by a seller, landlord, buyer, or tenant shall not determine whether a brokerage relationship has been created ...

(a) A broker may act as a dual agent only with the written consent of all clients. Such written consent shall contain the following: (1) ...

(a) A broker may assign directly or through the adoption of a company policy different licensees affiliated with the broker as designated agents to exclusively represent different clients ...

(a) A broker acting as a transaction broker may provide assistance to buyers, sellers, tenants, and landlords by performing ministerial acts. Examples of ministerial acts which can be ...

Except as may be provided in a written agreement between the parties, a broker shall not be deemed to have an agency relationship with a common source information ...

Nothing contained in this chapter shall limit the Georgia Real Estate Commission in its regulation of brokers and the broker´s affiliated licensees pursuant to Chapter 40 of Title ...

The contract of suretyship or guaranty is one whereby a person obligates himself to pay the debt of another in consideration of a benefit flowing to the surety ...

The obligation of the surety is accessory to that of his principal; and, if the latter from any cause becomes extinct, the former shall cease of course, even ...

The contract of suretyship is one of strict law; and the surety´s liability will not be extended by implication or interpretation. ...

The form of the contract is immaterial, provided the fact of suretyship exists. ...

The creditor may release or compound with the surety without releasing the principal, but the release of or compounding with one surety shall discharge a cosurety. ...

Any change in the nature or terms of a contract is called a 'novation'; such novation, without the consent of the surety, discharges him. ...

Any act of the creditor, either before or after judgment against the principal, which injures the surety or increases his risk or exposes him to greater liability shall ...

The surety may tender to the creditor the amount of his debt and demand that the evidence of and the securities for the same be delivered up to ...

Any surety, guarantor, or endorser, at any time after the debt on which he or she is liable becomes due, may give notice in writing to the creditor, ...

The creditor shall pursue his remedy against the surety within the time prescribed by law; and no payment or promise by the principal or by a cosurety shall ...

If by an act of the creditor the surety is discharged and in ignorance of the fact of the discharge the surety promises to pay, the promise shall ...

Code Sections 10-7-20 through 10-7-26 shall be superseded to the extent of any conflict by the provisions of Article 3 of Title 11, the 'Uniform Commercial Code — ...

When the fact of suretyship appears on the face of the contract, the creditor shall sue out process against the surety and enter up judgment against him as ...

It shall be lawful to enter judgment against principal and sureties at the same time, as in cases of appeal, in all cases in law or equitable proceedings ...

(a) For the purposes of this Code section, the term 'obligee' shall include any obligee or beneficiary pursuant to the terms of the contract of suretyship. ...

(a) Where a payment bond or security deposit is provided pursuant to a contract for the construction of an improvement to property other than a public work, every ...

A surety or endorser is entitled to the process of attachment against his principal before payment of the debt under the same circumstances as any other creditor. ...

Payment by a surety or endorser of a debt past due shall entitle him to proceed immediately against his principal for the sum paid, with interest thereon, and ...

If the payment was made after judgment and the principal had notice of the pendency of the action against the surety, the amount of such judgment shall be ...

If the contract was originally usurious and the surety in making payment includes the usury, he shall recover the same from the principal unless previous to the payment ...

If the principal executes any mortgage or gives other security to the surety or endorser to indemnify him against loss by reason of his suretyship, the surety or ...

If the fact of suretyship does not appear on the face of the contract, it may be proved by parol, either before or after judgment (the creditor not ...

If judgment has been rendered without such proof of suretyship, the surety shall give at least ten days´ notice to his principal of his intention to apply at ...

Any surety on the original contract, or on stay of execution, or on appeal, or in any other way, or the representative of a deceased surety, who shall ...

If the surety is sued separately from his principal, on payment by him of the judgment against him, he shall be entitled to control the judgment and execution ...

If the surety pays off the debt pending the action against the principal and himself or against the principal alone, such payment shall operate only to cause the ...

Where several are sureties for the same principal for the same sum of money, either by one or by distinct instruments, and one pays more than an equal ...

The sum recovered as contribution shall bear interest from the time the original obligation was paid by the surety and shall be deemed and held a liquidated demand. ...

A surety suing for contribution must first account for all money or other things received from the principal to indemnify him against loss; and, if he has paid ...

Code Sections 10-7-40 through 10-7-49 shall apply to cases where there is more than one surety, so as to enable a surety discharging a joint debt, in whole ...

Every endorser who shall pay off and discharge the debt on which he is endorser, either pending the action or after judgment, whether the judgment against the principal ...

When the surety does not appear to be such in the judgment and execution, the lien of such judgment, when controlled by the surety, shall not interfere with ...

A surety who has paid the debt of his principal shall be subrogated, both at law and in equity, to all the rights of the creditor and, in ...

A surety who has paid the debt of his principal shall also be entitled to be substituted in place of the creditor as to all securities held by ...

This chapter may be known and cited as the 'Geo. L. Smith II Georgia World Congress Center Act.' ...

There is re-created the 'Geo. L. Smith II Georgia World Congress Center Authority' as a body corporate and politic, which shall be an instrumentality of the State of ...

As used in this chapter, the term: (1) 'Authority' means the Geo. L. Smith II Georgia World Congress Center Authority. (2) 'Cost' with ...

(a) Without limiting the generality of any provision of this chapter, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and ...

(a) In addition to and not in derogation of its other powers under this chapter, the authority is empowered to exercise such of the police powers of the ...

The authority is authorized and directed to contract with the Department of Economic Development to exercise on behalf of the department such future responsibility in connection with the ...

(a) The board of governors of the authority shall consist of 15 members. Each member shall serve for a term of four years, with the beginning and ending ...

(a) The management of the business and affairs of the authority shall be vested in the board of governors, subject to the provisions of this chapter and to ...

(a) Meetings of the board of governors, regular or special, shall be held at the time and place fixed by or under the bylaws or, if not so ...

(a) The board of governors shall elect or appoint such officers as may be provided in the bylaws and may delegate to such officers, who need not be ...

It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of ...

Any action against the authority to protect or enforce any rights under the provisions of this chapter shall be brought in the Superior Court of Fulton County, Georgia, ...

The authority, in addition to the moneys received from the collection of revenues, rents, and earnings derived under the provisions of this chapter or from the Department of ...

All moneys received pursuant to the authority of this chapter, whether as grants, contributions, or gifts or as revenues, rents, and earnings, shall be deemed to be trust ...

(a) The board of governors of the authority is authorized to fix rentals, fees, prices, and other charges which any tenant, lessee, licensee, user, exhibitor, concessionaire, franchisee, or ...

(a) Notwithstanding any designation or name of a facility of the authority, the facilities of the authority owned by it or under its control and management, including without ...

(a) The authority shall operate the project so as to ensure maximum use of the project. In connection with and incident to its operation of the project, the ...

The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Chapter 15 of Title 45, relating to the Attorney General, shall ...

(a) The authority is authorized to contract with any county, municipality, public corporation, or public authority, or combination of the foregoing (any such county, municipality, corporation, authority, or ...

(a) This Code section does not apply to any real property: (1) Held by the authority for management under Code Section 10-9-5 or contract with ...

The foregoing Code sections of this chapter shall be deemed to provide an additional and alternative method for the doing of things authorized thereby and shall be regarded ...

This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. ...

The accounts of the authority created in this chapter shall be kept as separate and distinct accounts and shall be audited by the Department of Audits and Accounts ...

There is created as a joint committee of the General Assembly the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee to be composed of five ...

The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties ...

The Geo. L. Smith II Georgia World Congress Center Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, ...

In the discharge of its duties, the committee shall evaluate the performance of the Geo. L. Smith II Georgia World Congress Center Authority consistent with the following criteria: ...

(a) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of ...

The authority shall have the power and is authorized at one time or from time to time to provide by one or more authorizing resolutions for the issuance ...

(a) The revenue bonds of each issue shall be dated, shall bear interest, shall be payable in such medium of payment as to both principal and interest as ...

In case any officer whose signature or facsimile signature appears on any revenue bonds ceases to be an officer before the delivery of the revenue bonds, the signature ...

The revenue bonds and the interest payable thereon shall be exempt from all taxation within the state imposed by the state or any county, municipal corporation, or other ...

The authority may sell the revenue bonds in such manner at public or private sale and for such price, rate of interest, and other terms as it may ...

The proceeds of the revenue bonds shall be used solely for the payment of the costs of the project incurred with respect to the facilities designated by the ...

Prior to the preparation of definitive revenue bonds, the authority may, under like restrictions, issue interim revenue receipts, interim revenue certificates, or temporary revenue bonds exchangeable for definitive ...

The authority may also provide for the replacement of any revenue bond which becomes mutilated or is destroyed or lost upon receipt of such indemnification as it may ...

The revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified ...

(a)(1) Subject to the requirements of paragraph (2) of this subsection, the authority shall operate and manage the facilities financed by the issuance of revenue bonds as authorized ...

(a)(1) Revenue bonds issued under the authority of this article shall not be deemed to constitute a debt of the state or a pledge of the faith and ...

(a) Subject to the limitations set forth in this chapter, the authority shall be authorized to provide, directly or through lessees of the project, such security for revenue ...

Any holder of revenue bonds or interest coupons thereon issued under this article, any receiver for such holders, or any indenture trustee, if there is any, except to ...

The authority may, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale ...

The authority shall be authorized to utilize the financial advisory and construction related services of the Georgia State Financing and Investment Commission with respect to the issuance of ...

The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under ...

The revenue bonds authorized by this article are made securities in which all public officers and bodies of this state and all municipalities and all political subdivisions of ...

(a) Revenue bonds of the authority shall be confirmed and validated in accordance with the procedures of Article 3 of Chapter 82 of Title 36, the 'Revenue Bond ...

It is found, determined, and declared that the carrying out of the purposes of the authority as defined in this article is in all respects for the benefit ...

Revenue bonds issued under the authority of this article shall not be a security within the meaning of, and shall not otherwise be subject to any of the ...

Any action to protect or enforce any rights under this article shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation ...

(a) The powers granted to the authority under this article are cumulative and not in derogation of the powers otherwise granted to the authority under this chapter. ...

As used in this chapter, the term: (1) 'Board' means the Board of Regents of the University System of Georgia. (2) 'Center' means ...

There is created the Seed-Capital Fund to be managed by the center under the authority of the board. ...

(a) The fund is created as a separate fund maintained by the board or a body designated by the board and shall be expended only as provided in ...

(a) The center, subject to the approval of the board or its designee, may authorize transfers from the fund to make equity contributions through the direct purchase of ...

The center, subject to the approval of the board or its designee, may authorize transfers from the fund to make unsecured or secured loans. With respect to such ...

All distributions made by an investment entity allocable to the statés limited partner interest or membership interest therein; all cash proceeds with respect to any loan, whether interest, ...

The center, on behalf of the board, shall publish an annual report which shall be made available to the Governor, the General Assembly, the Department of Economic Development ...

As used in this chapter, the term: (1) 'Business record' means letters, words, sounds, or numbers, or the equivalent of letters, words, sounds, or numbers, ...

Unless a specific period is designated by law for their preservation, business records which persons pursuant to the laws of this state are required to keep or preserve ...

If, in the regular course of business, a person makes reproductions of original business records, the preservation of such reproductions constitutes compliance with any laws of this state ...

This chapter shall be known and may be cited as the 'Georgia Electronic Records and Signatures Act.' ...

(a) The provisions of this chapter shall be construed to promote the development of electronic government and electronic commerce. (b) The General Assembly finds that ...

As used in this chapter the term: (1) 'Electronic' means, without limitation, analog, digital, electronic, magnetic, mechanical, optical, chemical, electromagnetic, electromechanical, electrochemical, or other similar ...

(a) Records and signatures shall not be denied legal effect or validity solely on the grounds that they are electronic. (b) In any legal proceeding, ...

A person whose electronic signature is used in an unauthorized fashion may recover or obtain any or all of the following against the person who engaged in such ...

The General Assembly finds that violations of Chapter 13 of this title threaten the integrity of the tobacco Master Settlement Agreement, the fiscal soundness of the state, and ...

As used in this chapter, the term: (1) 'Brand family' means all styles of cigarettes sold under the same trademark and differentiated from one another ...

(a) Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver ...

(a) Not later than August 1, 2004, the Attorney General shall develop and make available for public inspection on its website a directory, as defined in paragraph (4) ...

It shall be unlawful for any person to affix a tax stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family ...

(a) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in this state as a foreign corporation or business entity shall, as a condition ...

(a) Not later than 20 calendar days after the end of each calendar quarter, and more frequently if so directed by the Attorney General, each distributor shall submit ...

(a) In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a distributor has violated Code Section 10-13A-5 ...

(a) A determination of the Attorney General to not include or to remove from the directory a brand family or tobacco product manufacturer shall be subject to review ...

This chapter shall be known as and may be cited as the 'Georgia Cemetery and Funeral Services Act of 2000.' ...

(a) The legislature recognizes that purchasers of preneed burial rights, funeral or burial merchandise, or funeral services or burial services may suffer serious economic harm if purchase money ...

As used in this chapter, the term: (1) 'Affiliate' means a person who directly or indirectly owns or controls, is owned or controlled by, or ...

(a)(1) Unless exempt under this chapter, it shall be unlawful for any person to offer for sale or to sell any cemetery burial rights, mausoleum interment rights, columbarium ...

(a) All individuals who offer preneed contracts to the public, or who execute preneed contracts on behalf of any entity required to be registered as a preneed dealer, ...

(a)(1) Each cemetery or cemetery company required to be registered by this chapter shall establish and maintain an irrevocable trust fund for each cemetery owned. (2) ...

(a)(1) Each preneed dealer which sells burial or funeral merchandise on a preneed basis or preneed burial or funeral services shall establish and maintain a preneed escrow account. ...

(a) The Secretary of State, by order, may prohibit a person who is an employee, officer, independent contractor, or other agent directly involved in the sale of burial ...

(a) A registration application may be amended by filing with the Secretary of State an amended application signed by the persons required to sign the original application under ...

(a) Except as otherwise provided in subsections (b) and (c) of this Code section, every cemetery initially registered according to the provisions of this chapter on or after ...

(a) The Secretary of State may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, any registration and shall give notice of such ...

(a) Each registrant under paragraph (1) or (2) of subsection (b), or both, of Code Section 10-14-4 shall establish and maintain a separate and distinct account for the ...

For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule, regulation, or order promulgated under ...

(a) The administration of the provisions of this chapter shall be vested in the Secretary of State, who may delegate such of his or her powers and duties ...

(a) The Secretary of State, at his or her discretion: (1) May make such public or private investigations or examinations inside or outside this state ...

(a) The owner of every cemetery may make, adopt, and enforce rules and regulations for the use, care, control, management, restriction, and protection of such cemetery and of ...

(a) It shall be unlawful for any person: (1) To sell or offer to sell any burial rights, burial or funeral services, or burial or ...

(a) A registrant offering to provide burial rights, burial or funeral merchandise, or burial or funeral services to the public shall: (1) Provide by telephone, ...

(a) Whenever it may appear to the Secretary of State that any person has engaged in, or is engaging in, or is about to engage in any act ...

(a) Except as otherwise provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this chapter shall be guilty of a ...

(a) Any person who violates any provision of subsection (a) of Code Section 10-14-17 shall be liable to the person buying such burial lot, burial right, burial merchandise, ...

(a) An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with the provisions of Code Section 10-14-23 ...

(a) Where the Secretary of State has issued any order forbidding the sale of burial lots, burial rights, burial merchandise, or burial services under any provision of this ...

When consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, ...

Any condition, stipulation, or provision binding any person acquiring any burial lot, burial right, burial merchandise, or burial services to waive: (1) Compliance with any provision ...

For any action taken or any proceeding had under the provisions of this chapter or under color of the law, the Secretary of State shall be immune from ...

(a) In any action, civil or criminal, a certificate signed and sealed by the Secretary of State, stating compliance or noncompliance with the provisions of this chapter, shall ...

(a) Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, ...

(a) A cemetery company shall start construction of that section of a mausoleum or columbarium in which sales, contracts for sales, reservations for sales, or agreements for sales ...

The Secretary of State, by rule, may adopt minimum standards for interment of human remains, including, without limitation, standards for depth of burial, composition of vaults, caskets, and ...

As used in this chapter, the term: (1) 'Administrator' means the administrator of the 'Fair Business Practices Act of 1975' appointed pursuant to subsection (a) ...

A business may not discard a record containing personal information unless it: (1) Shreds the customer´s record before discarding the record; (2) Erases ...

(a) A merchant who accepts a payment card for the transaction of business shall not print more than five digits of the payment card´s account number or print ...

(a) No person shall use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a ...

(a) The administrator shall be authorized to enforce the provisions of this chapter. (b) The administrator shall have the authority to investigate alleged violations of this ...

(a) If the administrator determines, after notice and hearing, that a business has violated Code Section 10-15-2, the administrator may issue an administrative order imposing a penalty of ...

(a) A violation of Code Section 10-15-4 shall be punishable by imprisonment for not less than one nor more than three years or a fine not to exceed ...