Beginning March 1, 2026, the Financial Crimes Enforcement Network (FinCEN) will implement a new Residential Real Estate Reporting Rule that establishes nationwide reporting requirements for certain residential real estate transfers. The rule is designed to increase transparency and help deter money laundering in U.S. real estate transactions.
Under the rule, a reportable transfer generally includes a non-financed transfer of residential real estate to a legal entity or trust. “Non-financed” means the transfer does not involve a loan or credit extended by a financial institution that is required to maintain anti-money-laundering programs and file suspicious activity reports under federal law. All-cash transactions and some privately structured transfers may fall into this category.
Covered residential real estate includes:
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One-to-four family residences
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Condominiums and cooperative units
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Townhouses
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Vacant land where the transferee intends to build a one-to-four family residence
Importantly, FinCEN’s definition of a “transfer” is broad. It includes purchases as well as certain transfers without consideration, such as gifts.
For each reportable transfer, a Real Estate Report must be filed electronically with FinCEN. The report includes information about:
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The property and transfer
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The transferee entity or trust
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Beneficial owners of the entity or trust
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The individual designated as the reporting person
The obligation to file does not fall on the buyer or seller directly. Instead, FinCEN assigns responsibility to a reporting person involved in the transaction—typically a title company, escrow agent, settlement agent, or closing attorney—based on a defined reporting hierarchy.
Reports must be filed no later than 30 days after the date of closing or the last day of the month following closing, whichever is later.
In markets like Jackson Hole, where entity ownership and non-financed transactions are common, this rule underscores the importance of early coordination and documentation. At Harland Brothers Real Estate, we stay informed on regulatory changes so our clients can move forward confidently and without surprises.
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