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U.S. Residential Real Estate Transactions Involving Foreign Buyers: Key Considerations for Structuring the Transaction

Federal and State Restrictions, Financial Issues, Key Contractual Provisions, and More

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, March 27, 2025

Recorded event now available

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This CLE webinar will discuss how to guide foreign buyers through the transaction process for purchasing U.S. residential real estate. The panel will examine key federal and state regulations governing these transactions, issues unique to foreign buyers of which counsel should be aware, and drafting considerations and key provisions for buyer's and seller's counsel when creating sales agreements.

Description

Non-U.S. citizens purchase billions of dollars of U.S. residential real estate each year. While U.S. law permits non-citizens to make these purchases, the transactions are subject to a variety of federal and state restrictions. Whether representing the buyer or seller, counsel should understand the key issues related to these transactions to help their clients navigate the process.

For example, foreign buyers have a variety of entity choice options (individual, LLC, corporation, trust) to choose from and counsel should be able to guide them through the pros and cons of each for structuring the transaction as well as the unique tax consequences and other financial considerations for non-U.S. citizens. Counsel for buyers and sellers should understand what is required in sales agreements and unique drafting considerations to best protect their clients' interests.

agreements and unique drafting considerations to best protect their clients' interests. Listen as our expert panel discusses how to guide non-U.S. citizens through the process of purchasing U.S. residential real estate. The panel will discuss key transaction issues related to foreign buyers and drafting considerations for buyers and sellers.

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Outline

  1. Introduction
  2. Key transaction issues when foreign buyers purchase U.S. residential real estate
    1. Federal and state restrictions on foreign ownership of U.S. real estate
    2. Financing challenges
    3. Tax considerations
    4. Entity options and structures
    5. Others
  3. Drafting considerations for buyers and sellers
  4. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • What federal and state regulations governing the purchase of U.S. real estate by foreign buyers should counsel be aware of?
  • What transactional considerations are unique to foreign buyers when purchasing U.S. residential real estate?
  • What are key contractual provisions required for these transactions?

Faculty

Accursio, John
John Accursio

Attorney
Abrams Garfinkel Margolis Bergson

Mr. Accursio has experience in tax planning, corporate governance, mergers and acquisitions, private equity...  |  Read More

Michael J. Falowski
Michael J. Falowski

Assistant Vice President
Emigrant Mortgage

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 |  Read More
Xylas, Michael
Michael C. Xylas

Partner
Abrams Garfinkel Margolis Bergson

Mr. Xylas has extensive transactional real estate experience representing individuals and entities with residential and...  |  Read More

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