News & Publications

FinCEN Issues Final Rule On Transparency Reporting In Residential Real Estate Transfers

On August 29, 2024, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Treasury adopted a final rule (the "Real Estate Rule") that will require professionals involved in residential real estate transfers to report information about the beneficial ownership of the transferee. The Real Estate Rule will be published at 31 CFR 1031.320 and will take effect on December 1, 2025. Background Illicit actors engage in non-financed transfers (including "all-cash" sales) of residential real estate [...]

Due Diligence Considerations

Q: I am thinking about purchasing a commercial property, but I want to know as much about the property as possible before going through with it. What should I consider? Do I have a time period to analyze the property? What if I decide I no longer want to purchase the property due to my findings? A: When entering into a commercial property transaction as a buyer, it is important to include a Due Diligence clause [...]

Commercial Real Estate Sellers: Hire Your Own Attorney!

Does a seller of commercial real estate really need an attorney? I get asked this question often, and the resounding answer is "yes!" Often, sellers of commercial real estate assume they can rely on the buyer's attorney or broker to represent their interests. However, it is imperative for sellers to procure their own attorney, partly due to the complex nature of such transactions. If a seller engages an attorney early in the process, the attorney [...]