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Real Estate News: Real Estate Investing Podcast

Judge Blocks Cash Buyer Disclosure Rule Nationwide

Real Estate News: Real Estate Investing Podcast

Kathy Fettke / RealWealth

Business, Investing

4.5546 Ratings

🗓️ 28 March 2026

⏱️ 3 minutes

🧾️ Download transcript

Summary

Cash homebuyers just caught a break.

A federal judge has blocked a new Treasury rule that would have required disclosure of buyers in all-cash real estate transactions nationwide. The rule aimed to crack down on money laundering, but critics argued it went too far—raising concerns about privacy, compliance costs, and government overreach.

In this episode, we break down what the ruling means, why it matters for investors, and what could come next if regulators try again.

Source:  https://www.bisnow.com/national/news/capital-markets/fincen-all-cash-home-buying-rule-133773 

Transcript

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0:00.0

A federal judge has blocked a major new rule that would have changed how real estate transactions are tracked in the U.S.

0:06.9

I'm Kathy Fedke, and this is Real Estate News for investors.

0:12.9

This is Real Estate News with Kathy Fedke.

0:17.0

The rule came from the Financial Crimes Enforcement Network, part of the Treasury Department.

0:22.7

It would have required disclosure of buyers in all-cash residential real estate deals.

0:27.8

That means if someone bought a home without a mortgage, their identity would have to be reported

0:32.5

to the federal government. The goal was to fight money laundering. Officials said criminals sometimes use

0:39.1

anonymous LLCs or trusts to hide illegal money in real estate. In fact, the Treasury estimated

0:45.6

that about $2.3 billion was laundered through the U.S. housing between 2015 and 2020.

0:52.6

This rule would have dramatically expanded oversight. Earlier versions of

0:57.5

this policy only applied to high-risk markets like New York City in Miami, and they only

1:02.8

covered purchases above $300,000. But the new rule would have gone nationwide. It also removed

1:09.8

the price threshold entirely. That means nearly every

1:13.0

all-cash-home purchase could have been reported. According to FinCEN, more than 800,000

1:19.6

transactions each year would have been affected. But now that rule has been stopped. U.S. District

1:25.4

Judge Jeremy Kernodal ruled that the Treasury overstepped its

1:29.4

authority. In his decision, he said the government failed to prove that all cash real estate deals

1:34.6

are inherently suspicious. The lawsuit was brought by the Pacific Legal Foundation on behalf of a Texas

1:40.5

title company. They argued the rule was burdensome, and they said it essentially turned real estate professionals

1:47.2

into agents of government surveillance.

1:50.1

There were also concerns about privacy.

1:52.6

Some attorneys noted that clients were uncomfortable having sensitive personal data like social

...

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