Chapter 10. Civil Practice and Procedure Generally · Article 9. General Civil Forms · Last amended 1999 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-10-203 sets out a sample complaint for a buyer evicted from land after purchasing it under a warranty deed, alleging the earlier conveyance and purchase price, the eviction, the seller’s refusal to make the buyer whole, and the resulting dollar amount of damages.
Full Text of § 9-10-203
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The form of an action for a breach of warranty in a deed may be as follows: IN THE ______________________ COURT OF ______________________ COUNTY
A.B., STATE OF GEORGIA Plaintiff ) v. ) ) C.D., ) Civil action Defendant ) File no. ______________________ ) (Clerk will insert ) number.)
COMPLAINT The defendant herein named is a resident of ______________________ (street), ______________________ (city), ______________________ County, Georgia, and is subject to the jurisdiction of this court.
1.
On the ______________________ day of ______________________, ______________________, defendant C.D. executed to plaintiff a warranty deed to a certain tract of land (here describe the land), for the sum of $______________________, paid by plaintiff to defendant C.D.
2.
Plaintiff has been evicted from said lot of land and defendant refuses to indemnify plaintiff from his damages in that behalf.
3.
Because of said eviction, plaintiff has suffered damages in the amount of $______________________, for which defendant is indebted to plaintiff.
Wherefore, plaintiff demands judgment against defendant (here list the relief prayed for). ______________________ Attorney for plaintiff ______________________ Address
Plain-English Summary
A warranty deed is a promise as much as a transfer: the seller is not just handing over land but guaranteeing good title to it. This form gives a buyer who has been evicted from the land a way to sue when that promise breaks down.
The complaint tells the story in order. First, it establishes the sale itself — the date the defendant executed a warranty deed conveying a described tract to the plaintiff, and the price the plaintiff paid for it. Second, it alleges that the plaintiff has since been evicted from the land — pushed out, typically by someone with a superior claim to it — and that the defendant has refused to make the plaintiff whole for that loss. Third, it puts a dollar figure on the damages the eviction caused.
Eviction is the trigger here, not a title defect spotted on paper before closing. The warranty a deed carries is a promise against future disturbance of the buyer’s ownership, and this form only comes into play once that disturbance has happened and cost the buyer the land.
Frequently Asked Questions
What event triggers a claim under this form?
The plaintiff’s eviction from land conveyed by a warranty deed, combined with the defendant’s refusal to make up for the resulting loss.
What must the complaint say about the original sale?
It must state the date the defendant executed the warranty deed to the plaintiff, describe the tract conveyed, and state the price the plaintiff paid.
Does the form require the plaintiff to allege losing possession of the land?
Yes. The complaint alleges that the plaintiff has been evicted from the land, meaning possession has been lost.
What must the plaintiff plead about damages?
The complaint must state the dollar amount of damages the plaintiff suffered because of the eviction.
Is this a claim about problems discovered before closing or after?
After. The claim depends on an eviction that happens following the earlier deed and purchase, when a defect in title surfaces and costs the buyer possession.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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