Important Reporting Requirements – March 1, 2026 FinCEN
Beginning March 1, 2026, a new federal rule issued by the Financial Crimes Enforcement Network (FinCEN) will introduce important reporting obligations for certain residential real estate transactions across Florida. This rule, codified under 31 CFR §1010.821, is designed to increase transparency in real estate purchases involving legal entities and to help combat illicit financial activity.
Under the new regulation, certain residential real estate transactions conducted without institutional lender financing, particularly those in which at least one buyer or transferee is a legal entity, such as an LLC, corporation, partnership, trust, or other non-natural person, may require the filing of a FinCEN Real Estate Report.
To prepare for this change, revised language is expected to be included in the upcoming FR/BAR contract update. The new provisions clarify that if a transaction triggers FinCEN reporting, both the buyer and seller must provide the closing agent with all required information no later than the day prior to closing. This includes full legal names, dates of birth, residential addresses, and taxpayer identification numbers for beneficial owners, as defined by federal law.
The rule also establishes that parties must consent to the closing agent’s collection and submission of this information to FinCEN. Additionally, buyers will be responsible for any costs or fees associated with preparing and filing the report.
At Chiumento Law, we are working closely with title professionals and real estate agents throughout Flagler and Volusia Counties to ensure clients are prepared well in advance of this implementation. If you are involved in a cash or entity-based transaction, now is the time to understand how these requirements may impact your closing timeline. Please don’t hesistate to reach out, as real estate is one of our areas of expertise.
For guidance or questions about compliance, our team is here to help. 386-445-8900 www.legalteamforlife.com.