Does the New FinCEN Rule for "All Cash" Residential Deals Apply to You?

A new FinCEN disclosure rule started March 1, 2026. Some real estate purchasers are confused on whether or not the rule applies to them.

New Personal Information Disclosure Law

Many of our readers have heard about the new FinCEN law that requires federal reporting of certain residential real estate transactions.

Basically, if you purchase in the name of an entity (rather than your own name) a 1-4 family residence (including condos, townhomes, co-ops and vacant land for residential construction) on an all cash basis, then the Title Company through which you purchased (or your lawyer) is required to report to Uncle Sam certain personal information, including your name, the purchase price and the manner in which the purchase price was paid (wire, cashier’s check or cash).

If you purchase in your own name, this requirement does not apply. If you purchase in the name of an LLC, limited partnership or trust, this requirement does apply.

The typical homebuyer purchases in his or her own name with traditional lender financing; thus, this new law does not affect you. If, however, you are an investor purchasing houses to rent or a wealthy individual buying a home for cash, you should be keenly aware of this new requirement.

Questions about your specific transaction or portfolio?

Contact Ron Holmes at 469-916-7700 x115 or This email address is being protected from spambots. You need JavaScript enabled to view it.. We’ll evaluate your transaction and help you comply with FinCEN rules and regulations.

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