FinCEN Residential Real Estate Reporting
Agent Quick Reference
Effective December 1, 2025
Overview
FinCEN requires reporting of certain residential property transfers to deter money laundering.
Your job: spot reportable deals early and prep clients. All three conditions below must be met.
1 Property Type
- 1–4 unit residential (SF/Duplex/Triplex/Fourplex)
- Condo / Townhome / Co-op
- Residential land (intended 1–4)
- Mixed-use with residential
Exclude: pure commercial and 5+ unit apartment buildings.
2 Buyer Type
Must be a legal entity or trust (not a natural person)
- LLC / Corporation / Partnership
- Trusts (family, land, business, statutory)
- Nonprofit / Foundation / Offshore entity
3 Financing
No regulated lender in the deal
- All-cash
- Seller financing
- Private / hard-money
- Crypto / gift / barter
What Buyers Must Provide (to Reporting Person)
Entity / Trust Identification
- Legal name, jurisdiction, EIN (if any)
- Formation docs (Articles/Operating Agreement; Trust Agreement excerpt)
- Business address and primary contact
- Who is signing (authority docs or resolution)
Beneficial Ownership & Signers
- Beneficial owners (≥25% or substantial control): full name, DOB, residential address
- ID for each (gov’t photo ID number + issuing jurisdiction)
- Citizenship for each beneficial owner
- Taxpayer Identification Number (TIN) or foreign equivalent
- Trusts: trustee(s), grantor (if revocable), any sole-perm. beneficiary
- Signer identity and authority
Transaction & Funds
- Property address & legal description
- Total consideration (price/value, even for trades/gifts)
- Payment rails: wires, accounts used, crypto wallet details
- Source-of-funds description
Certifications & Contacts
- Written certification that info provided is true/complete
- Contact for follow-ups (counsel or authorized rep)
- Any designation agreement (who files the report)
Note: The “reporting person” is identified by FinCEN’s cascade (often the settlement/closing agent) or by written designation. They may reasonably rely on the buyer’s certification.
Quick Decision Flow (Agent Use)
Step 1
Is this a residential property transfer?
Count it as residential if:
1–4 units (SF/Duplex/Triplex/Fourplex)CondoTownhomeCo-opResidential land (1–4)Mixed-use with residential
Exclude: pure commercial and 5+ unit apartment buildings.
Step 2
Is the buyer a legal entity or trust (not an individual)?
Entities/Trusts include LLCs, corporations, partnerships, nonprofits, foundations, offshore entities, and trusts.
If the deed is in a natural person’s name, answer NO.
Step 3
Is there no regulated lender (bank/credit union/mortgage company)?
All-cashSeller financingPrivate lenderCryptoGift/Trade
If a bank/credit union/mortgage co. makes the loan, it’s not reportable.
Reporting Required
Prep buyer (entity/trust) to provide beneficial owner details, signer ID/authority, property & funds data.
No Reporting Required
One or more conditions not met (or regulated financing present).
Report Required
- LLC buys SFR all-cash
- Family trust with seller financing
- Entity uses private/hard-money loan
- Trust buys with crypto
- Entity-to-entity trade/barter
No Report
- Individual buyer, even all-cash
- Any buyer with bank/credit-union/mortgage financing
- Purely commercial property (no residential)
Filing due by the later of 30 days post-closing or end of next month. Retain certifications/designations 5 years. Reports go to FinCEN and are not public.