Claims Analysis
5 claims identified — Property Matter — Post-Closing Proceeds Accounting
01
Breach of Written Agreement
breach of written contractstrong
Strongest if written communications lock profit-split terms. GA gives 6 years.
Required Elements
Existence of enforceable agreement
Emails, texts, closing instructions, JV notes proving profit-split and offset rules
Performance by claimant
Invoices, receipts, bank statements for $65K+ improvements
Breach by respondent
Proof funds retained without accounting/distribution
Damages
Reconciliation ledger showing net amount owed
02
Accounting / Equitable Accounting
accountingstrong
GA equity strong for partners/cotenants. GA § 23-2-70 covers scope.
Required Elements
Complex mutual accounts between co-owners
Both parties made contributions, expenses, and claim credits
Refusal or inability to account voluntarily
Evidence of non-response to accounting demands
03
Unjust Enrichment / Quantum Meruit
unjust enrichmentmoderate
Fallback if contract terms are fuzzy or oral. 4-year GA limitation.
Required Elements
Benefit conferred on respondent
Improvements increased property value; management preserved asset
Knowledge of benefit
Communications showing awareness of improvements/management
Inequitable retention
Retention of full proceeds without reimbursement
04
Money Had and Received
money had and receivedmoderate
Equitable fallback — useful if contract claim weakened.
Required Elements
Money received by respondent
Closing disbursement records
Equity requires return
Agreement or understanding that funds would be split after reconciliation
05
Reimbursement for Improvements
reimbursement for improvementsmoderate
GA cotenant law allows reimbursement for necessary and agreed improvements.
Required Elements
Improvements made to jointly owned property
Invoices, contracts, photos before/after
Authorization or agreement for reimbursement
Communication showing agreement to share costs