Joseph Talmadge Kirkland

Joseph Talmadge Kirkland

Tennessee Bar Association
  • Real Estate Law
  • Tennessee
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Summary

Joe is currently an attorney and Senior Escrow Officer at Tri-State Title & Escrow, Inc. and is available for all of your closing needs. For fifteen (15) years Joe was a partner in the Memphis law firm of Kirkland, Rothman-Branning & Associates, PLLC, where his primary area of practice was real estate, including residential and commercial real estate closings and title work. Mr. Kirkland is a former underwriting counsel for Chicago Title Insurance Company in Memphis. He received his B.S. degree from East Tennessee State University and his J.D. degree from Memphis State University. He is a past President if the Real Estate Industry Trade Association (1994). Mr. Kirkland is a member of the Memphis (Chair, Real Estate Section, 1992) and Tennessee (Chair, Real Estate Section, 2003-04) bar associations. He has been a frequent lecturer to attorneys, paralegals and the real estate industry for many years.

Practice Area
  • Real Estate Law
Jurisdictions Admitted to Practice
Tennessee
Languages
  • English: Spoken, Written
Professional Experience
Member
Tennessee Bar Association
Current
Chair of the Real Estate Section 2003-2004
Member
Memphis Bar Association
Current
Chair of the Real Estate Section 1992
Education
University of Memphis
J.D. (1975) | Law
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East Tennessee State University
B.S. (1972) | History
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Honors: Pi Gamma Mu
Activities: Football, ROTC, Student Government
Professional Associations
Tennessee State Bar # 007503
Member
Current
Websites & Blogs
Blog
Smarterlandlording.com
Blog
Why Title Insurance Is Important
Blog
Cut your property taxes
Blog
Do I need an attorney to advise me on my home purchase or sale?
Legal Answers
4 Questions Answered

Q. does the state of Tn have laws on ownership of property if maintained by another person....
A: 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 should not be construed to be legal advice nor creating an attorney-client relationship. It is always recommended you consult an attorney in person to discuss your case.
Q. After a home closing, how long does the seller have to vacate the home?
A: 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.
Q. Is commission based on the Offered Price $78,000 with $2,000 Seller paying closing cost OR $76,000
A: 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 agreement that the seller agreed to and signed.
Q. If my contract with a real estate has expired and I have a potential buyer from another realestate agent what do I do?
A: 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 with the property during the previous listing period, then you may go ahead and negotiate with the new buyer. I suggest that you take your paperwork to a real estate attorney for review before you proceed.
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Contact & Map
1255 Lynnfield, Suite 220
1255 Lynnfield
Suite 220
Memphis, TN 38119
USA
Telephone: (901) 372-6679
Fax: (901) 388-6845