News & Analysis as of

Real Estate Transfers

Perkins Coie

Percolating Groundwater Is Appurtenant to Land and Is Transferred With It (UPDATED)

Perkins Coie on

The Court of Appeal again confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during...more

DarrowEverett LLP

Massachusetts Real Estate Transfers Over $1M Face New Tax Rules

DarrowEverett LLP on

Attention to owners of real estate in the Commonwealth (and the title companies and other professionals who advise them), the Massachusetts Department of Revenue (the “DOR”) recently adopted a new “millionaire’s tax” via 830...more

Nutter McClennen & Fish LLP

Effective November 1st, New Massachusetts Withholding Regulations for Real Estate Transactions Primarily Impact Nonresident...

As of November 1st, transferors of real estate located in Massachusetts will have to comply with new regulations (830 CMR 62B.2.4) that may require tax withholding at closing. ...more

Husch Blackwell LLP

How to Acquire Federal Real Property

Husch Blackwell LLP on

ver the past decade, the reduction of the federal government’s real estate footprint has been an on-again, off-again affair in Washington. The rationale for the reduction—chiefly driven by changes in utilization rates and the...more

Clark Hill PLC

Anti-Money Laundering Rules: Ethical Requirements for Attorneys as Reporting Persons

Clark Hill PLC on

This article explains the requirements of a new anti-money laundering rule that, when effective on March 1, 2026, will require suspicious activity reporting from advisors (including attorneys) who assist clients with certain...more

Burr & Forman

FinCEN’s Residential Real Estate Rule Applicable to Non-Financed Residential Entity Real Estate Transfers Delayed until March 1,...

Burr & Forman on

UPDATE October 1, 2025 - On September 30, 2025, FinCEN announced that implementation of the Residential Real Estate Rule described below will be delayed until March 1, 2026....more

Ballard Spahr LLP

TOPA Reform Update

Ballard Spahr LLP on

The enrolled bill will now be sent to the Mayor who has 10 days to sign or veto the RENTAL Act. If the Mayor does nothing, the RENTAL Act goes to Congress after 10 days. After that, Congress has 30 working days (i.e.,...more

Freiberger Haber LLP

Fraud in the Execution and The Two-Year Discovery Rule

Freiberger Haber LLP on

As readers of this Blog know, we have written about many types of fraud over the years, such as affinity fraud, common law fraud, fraud in the inducement, fraudulent concealment, and securities fraud. Another type of fraud...more

Holland & Knight LLP

FinCEN Delays Residential Real Estate Transfer Reporting Rule

Holland & Knight LLP on

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) announced in August 2024 a final rule (the Final Rule) designed to combat and deter money laundering by increasing transparency in the U.S....more

Adams & Reese

FinCEN Postpones Residential Real Estate Reporting Requirement Until March 2026

Adams & Reese on

FinCEN announced today that the reporting requirements for the “Anti-Money Laundering Regulations for Residential Real Estate Transfers Rule” (RRE Rule) have been postponed until March 1, 2026. The previous deadline was Dec....more

Robinson+Cole Manufacturing Law Blog

The Connecticut Transfer Act is Sunsetting on March 1, 2026 — Are You Ready?

On March 1, 2026, the Connecticut Transfer Act will be sunset and a new set of remediation regulations will go into effect. These new regulations will be much more similar to what we see in other states (e.g., Massachusetts...more

Frost Brown Todd

Transfer Provisions and Emerging Trends in Commercial Real Estate Carveouts

Frost Brown Todd on

As mentioned in the inaugural post of The Carveout, non-recourse loans will include a non-recourse carveout providing protection for the lender in the event the transfer provisions in the loan documents are violated. The...more

Snell & Wilmer

The Dominguez Case and Deed Fraud: Who Criminals Target and How to Protect Yourself Against Fraud

Snell & Wilmer on

Arizonans should be aware of a recent decision from the Arizona Supreme Court that increases consequences for unsuspecting victims of deed fraud. Deeds are official documents that memorialize the owner of real property. When...more

Cozen O'Connor

Broad Street Brief: Philly No Longer Nation’s Poorest Big City

Cozen O'Connor on

City Council Bill Targets Smoke Shops Selling Unregulated Drugs - During Thursday’s meeting, City Councilmember Katherine Gilmore Richardson (D-At Large) introduced legislation to close loopholes and strengthen enforcement...more

Paul Hastings LLP

German Federal Fiscal Court Questions Double RETT on Share Deals

Paul Hastings LLP on

Germany’s Federal Fiscal Court (BFH) has decided on the legitimacy of double assessment of real estate transfer tax in share deals. Tax authorities have taken the view that the acquisition of at least 90% of shares in a...more

Flaster Greenberg PC

Changes to “Mansion Tax” and “Controlling Interest Transfer Tax” in New Jersey

Flaster Greenberg PC on

Signed into law by Governor Murphy on June 30, 2025 (effective July 10, 2025), New Jersey Bill S4666 made significant changes to New Jersey’s transfer taxes....more

Morgan Lewis

German Federal Fiscal Court Questions Practice of Imposing Double Real Estate Transfer Tax on Share Deals

Morgan Lewis on

In proceedings to suspend enforcement, the German Federal Fiscal Court has expressed serious doubts about the administrative practice of imposing double real estate transfer tax in share deals. In particular, the court...more

Adams & Reese

FinCEN Rule Targets All-Cash Residential Real Estate Deals Involving Entities & Trusts

Adams & Reese on

A new nationwide anti-money laundering rule introduces mandatory reporting to the U.S. Department of Treasury’s FinCEN (Financial Crimes Enforcement Network) for specific all-cash residential real estate transactions...more

Husch Blackwell LLP

Texas Supreme Court Clarifies That Specific Performance Can Include Monetary Relief

Husch Blackwell LLP on

On June 13, 2025, the Supreme Court of Texas delivered a 17-page opinion in White Knight Development, LLC v. Simmons clarifying that monetary damages may be awarded alongside specific performance in real estate contract...more

White & Case LLP

Saudi Arabia Approves Landmark Real Estate Ownership Law for Non-Saudis

White & Case LLP on

Saudi Arabia has approved a landmark new law regulating real estate ownership by non-Saudis, published on July 25, 2025 in the official gazette. This Law of Real Estate Ownership by Non-Saudis will take effect 180 days after...more

Jaburg Wilk

Significant Increase in Arizona’s Small Estate Thresholds

Jaburg Wilk on

In Arizona a party can collect assets in a small estate without having to open a probate through a form commonly known as a “small estate affidavit.” The purpose of Arizona’s small estate affidavit is to provide a simplified,...more

Lathrop GPM

Qualified Spousal Trust: Unique Creditor Protection for Married Couples in Missouri

Lathrop GPM on

Following changes to the federal estate tax law in 2010 – which eliminated the need for separate trusts for married couples to use both spouses’ federal estate tax exemptions – Missouri enacted a new law in 2011 authorizing...more

King & Spalding

Saudi Arabia Introduces New Legal Framework for Foreign Ownership of Real Estate

King & Spalding on

On 14 July 2025, the Council of Ministers of the Kingdom of Saudi Arabia issued Council of Ministers Resolution No. (M/14) approving the issuance of the Law on Real Estate Ownership by Non-Saudis (the “New Law”), which...more

Morgan Lewis

New Jersey ‘Mansion Tax’ Changes Impose Higher Transaction Costs on Commercial and Residential Real Estate Sales

Morgan Lewis on

Recent revisions to New Jersey law increase the so-called “mansion tax” for sales in excess of $2 million and shift the tax payment obligation to the seller. Governor Phil Murphy recently signed legislation making...more

Tucker Arensberg, P.C.

Beyond the Surface: Hidden Title Issues That Can Halt Your Foreclosure

Tucker Arensberg, P.C. on

In order for a lending institution to successfully take real estate through foreclosure litigation and have the real estate sold at a sheriff sale, the property needs to have a clear title. What many do not understand is that...more

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