Effective March 1, 2026, The Financial Crimes Enforcement Network of the U.S. Department of Treasury (“FinCEN”) established a new reporting rule – (the “Anti-Money Laundering Regulations for Residential Real Estate Transfers rule, or “Rule”). This Rule applies to non-financed transfers or sales of residential real property to legal entities or trusts. This includes all‑cash and non‑regulated‑lender transactions. Below is a summary of the Rule, its requirements, and what it means for you as real estate agents and brokers.
While real estate agents and brokers are generally not involved in the reporting process, the Rule is complex. It is important that your customers consult with the appropriate legal, title, and/or tax professionals as there are serious consequences for noncompliance.
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WHAT YOU NEED TO KNOW NOW!
A report must be filed when:
- Residential real property is transferred;
- The transfer is non-financed;
- The property is transferred to a transferee entity or a transferee trust; AND,
- No exception applies (see section E, HERE).
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- Who is responsible for reporting?
FinCEN addresses the reporting requirements in section I of their FAQs, which can be found HERE.
There is only one reporting person per reportable transfer. The reporting person can be identified either by way of the “reporting cascade” or by a written designation agreement between the persons described in the cascade. If there is no designation agreement, the list of responsible persons goes in the order of the “reporting cascade”. See FinCEN FAQs Section I. 1-6.
Generally, real estate agents and their brokers are not required to report. However, if a real estate agent or broker is serving in another role that is part of that “reporting cascade,” they may be the one responsible for filing the Real Estate Report, which is why it is critical to consult with the appropriate legal, title, and/or tax professionals in each transaction.
- What needs to be reported?
FinCEN outlines the reporting requirements in section H of their FAQs, which can be found HERE.
- When is the reporting deadline?
A Real Estate Report must be filed by the last day of the following month in which the closing occurred, or 30 calendar days after closing, whichever is later.
- Where can you and your customers get more information?
Directly from the source — HERE! FinCEN has posted nearly 30 pages of FAQs addressing all of the above and more.
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RESOURCES
- FinCEN Residential Real Estate Reporting FAQ
- MIAMI REALTORS® legal webinar TOMORROW 3/2/2026:
- FLORIDA REALTORS® legal resources:
- Recorded webinar – Contract Changes for FinCEN Requirements & Addendum EE
- Redlined contracts and addendum – FinCEN Rule, Rider Updates to Take Effect
- NAR legal resources:
- Webinar registration link for March 11, 2026– Understanding The FinCEN Residential Real Estate Rule
- FinCEN Residential Real Estate Rule—FAQs for Real Estate Professionals
- News release – Anti-Money Laundering Rule Aimed at All-Cash Buyers Goes Into Effect March 1
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