03/19/26

Sellers need to know about FinCEN’s Final Rule, too!

As you may have heard, March 1 was a big date for everyone in the real estate industry. That’s when new rules from the U.S. Treasury on buyer identification information took effect. Often referred to simply as FinCEN’s Final Rule, these changes are designed to increase transparency for certain cash transactions.

A lot of experts – our teams included – spent plenty of time addressing what it would mean from the buyer’s side of things, but not as much focus was placed on what these changes could mean for sellers. This recent Homes.com article addressed that topic, so we thought we’d share it with you and provide some takeaways for all involved.

Properties sold by LLCs could require more information. While the rule is primarily triggered by the buyer’s structure, we may need to ask the seller for more identifiers, too. This mostly comes into play when the property is owned by an LLC or other trust instead of a person. If the property is owned by an individual, it should not require extra disclosures beyond what’s always been asked during our normal closing process.

This extra information is not part of the public record. While a property transaction is – and always has been – public record, the additional information sought after to satisfy these new reporting standards is not. Instead, that extra data is submitted confidentially to the U.S. Treasury for anti-money-laundering purposes.

Cash deals may take a little longer. People who could go the all-cash route often choose it for its simplicity and speed, but this new rule can slow down the transaction a bit due to the additional information needed. However, as your chosen title company, our teams are doing everything we can to meet the added requirements as quickly as possible.

Have your own FinCEN questions? Your local AmeriTitle branch can be the source for your answers. Contact your trusted title and escrow experts anytime!

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