By Jon Phillips, Buckley Law P.C.
For years, U.S. real estate has been viewed as a prime vehicle for moving and storing illicit wealth. In response, the Financial Crimes Enforcement Network (FinCEN) introduced a sweeping rule aimed at increasing transparency in residential real estate transactions—particularly all-cash deals.
But in a dramatic turn of events, that rule has already been struck down in court. Just weeks after taking effect, the rule was struck down in Flowers Title Companies LLC v. Bessent. The judge ruled that the FinCEN exceeded its legal authority, violated administrative law, and had constitutional concerns. The system has reverted back to FinCEN’s older Geographic Targeting Orders (GTOs) in the interim if it applies to specific markets or cities.
As of today:
- No nationwide reporting requirement exists
- Title and closing professionals do not need to file FinCEN reports
- Real estate agents still have no direct reporting obligation
Even though the rule has been vacated, the direction of regulation is clear: More transparency in real estate is coming—not less. For industry professionals, this moment is best viewed as a pause rather than a reversal.
Forward-thinking real estate firms are already:
- Building compliance-ready workflows
- Collecting more robust buyer information
- Preparing for eventual reporting obligations
What Happens Next?
While the rule is currently dead, the broader trend is not. The case may move to the U.S. Court of Appeals for the Fifth Circuit, potentially reviving or reshaping the rule or FinCEN could issue a narrower, more legally defensible version.
Final Takeaway
- Today: No nationwide reporting rule
- Short term: Legal uncertainty and likely appeals
- Long term: Increased transparency is inevitable
The real estate industry may have avoided a major compliance shift—for now. But the underlying policy objective hasn’t changed, and it’s only a matter of time before a revised framework returns.
For assistance on residential and commercial real estate issues, contact Buckley Law attorney Jon Phillips at 503-620-8900.
Jon Phillips is an attorney who manages the Real Estate practice group at Buckley Law. As part of the real estate and business practice groups, Jon helps individuals and closely-held companies achieve their goals and protect their business interests. He is licensed to practice law in Oregon. His knowledge of business, and real estate matters enables him to provide custom strategies to achieve success for clients.
The provision of this material does not create an attorney-client relationship between the firm and the reader, and does not constitute legal advice. Legal advice must be tailored to the specific circumstances of each case, and the contents of this article are not a substitute for legal counsel. Do not take action in reliance on the contents of this material without seeking the advice of counsel.