10/31/2025
Just in case you are not aware, there will be more constraints surrounding cash deals next year. Here is a short intro to what is coming up - Cash buyers should know that they will be required to provide more information to their title company than they have in the past, and, it might take longer to process depending on how quickly they get that information back over to title.
Starting March 1, 2026, FinCEN's new rule requires reporting for certain non-financed residential real estate transfers to legal entities or trusts nationwide. These cash transactions will be subject to a new Residential Real Estate Rule (RRE Rule) which replaces the old Geographical Targeting Orders (GTOs) and requires settlement agents to collect and report data to FinCEN on the buyer, seller, property, and source of funds.
Key aspects of the rule
Effective date: March 1, 2026.
Scope: It applies to non-financed (all-cash) transfers of U.S. residential real property to a legal entity or trust. This includes properties like single-family homes, townhouses, condos, and vacant land intended for residential use.
Reporting agent: The closing or settlement agent (such as a title company) is responsible for filing the report.
Reporting details: The rule requires the collection and reporting of over 100 data points about the transaction, the parties involved, and the source of funds.
Purpose: The goal is to increase transparency and combat money laundering by closing a loophole in the real estate market where non-financed transactions could bypass anti-money laundering (AML) scrutiny.
Applicability: The rule applies nationwide and has no minimum purchase price.
Exceptions: Some transactions may be exempt, such as those involving a financing institution with AML obligations, or certain 1031 exchanges where the buyer is not a legal entity or trust.
What this means for buyers and sellers
More data collection:
Buyers and sellers may need to provide more information during the closing process than they have in the past, even for transactions that appear simple.
No minimum price:
The rule has no minimum price, so it applies to all qualifying cash residential transactions.
Potential for added fees:
Settlement agents may charge fees for the additional work required to comply with the new reporting requirements.