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Questions Answered by Joseph Talmadge Kirkland
1 Answer | Asked in Real Estate Law for Tennessee on
Q: does the state of Tn have laws on ownership of property if maintained by another person....

a legal property owner is not doing the up keep of their property, so a neighbor is and has been taking the responsibility to mow and maintain the property, without a contract to do so.... so legally its as if the property has been abandoned...legally can the neighbor claim that property

Joseph Talmadge Kirkland
Joseph Talmadge Kirkland answered on Dec 31, 2014

Tennessee does have laws concerning "adverse possession" but they are complex and involve a through analysis. You will need to discuss all of the facts in great detail with an attorney that handles real estate matters to receive proper advice.

My answer is of a general nature and...
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1 Answer | Asked in Real Estate Law for Tennessee on
Q: After a home closing, how long does the seller have to vacate the home?

My agent did not have an agreement signed by the seller or buyer. He kept telling me they would move asap after the sale and told them they have 30 days. What can I do? I want to move in my home.

Joseph Talmadge Kirkland
Joseph Talmadge Kirkland answered on Dec 31, 2014

Check the wording of the real estate contract used in the transaction. The possession date is usually spelled out in the written agreement between the parties. If you do not find the answer there, take all of your paperwork to an attorney that is familiar with real estate transactions.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is commission based on the Offered Price $78,000 with $2,000 Seller paying closing cost OR $76,000

I had the Buyer. The Asking Price was $79,900. It sold for $78,000 with the Seller paying $2,000 toward Closing Cost.Is the commission based off of $78,000 or $76,000. My Broker said its $76,000. I'm new to Real Estate but this doesn't make sense. My Buyer has a loan for $78,000, the... Read more »

Joseph Talmadge Kirkland
Joseph Talmadge Kirkland answered on Dec 31, 2014

Typically, the real estate commission is based on the total sales price, which in this case you have identified as $78,000.00. Sometimes the commission is based on a lesser number but a commission of less is discussed and agreed to in advance by all parties. Check the wording of the listing... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If my contract with a real estate has expired and I have a potential buyer from another realestate agent what do I do?
Joseph Talmadge Kirkland
Joseph Talmadge Kirkland answered on Dec 31, 2014

Read the expired contract that you signed with the real estate agent. Often there is a provision that if you sell to someone who became familiar with the property during the previous listing period, you may still owe a commission to the previous agent. If however, the new buyer was not familiar... Read more »

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