🇺🇸 Country guides

Buying property in the US as a foreigner

How non-residents buy US property: title companies and title insurance instead of a notary, escrow and county recording, FIRPTA on sale, and state-by-state variation.

LG
The LawyerGo Team
· 6 min read
Buying property in the US as a foreigner

The US generally places no federal restriction on foreigners buying real estate, but the mechanics differ from both civil-law and other common-law systems, and details vary by state.

Title insurance instead of a notary

Rather than a civil-law notary, US deals use a title company that searches title and issues title insurance, with funds held in escrow. The signed deed is recorded at the county recorder’s office — there is no single national land registry.

FIRPTA on sale

A key tax trap for non-residents: under FIRPTA, when a foreign person sells US real estate, the buyer must generally withhold a percentage of the price for the IRS. Plan for it at purchase.

Financing and local taxes

Mortgages are harder for non-residents, and transfer taxes and property taxes vary widely by state and county.

For foreign buyers

State practice, escrow and FIRPTA reward local guidance. A verified US colleague in the relevant state can structure the purchase and the tax.

State rules and tax change — confirm with admitted US counsel in that state.

LG
The LawyerGo Team
Editorial

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