Money Laundering Rule in Effect as of March 1, 2026

As of March 1, 2026 (note date change) a new rule issued by FinCEN (Financial Crimes Enforcement Network) takes effect.  This rule applies to real property of one to four residential units, vacant land intended for construction of residential of one to four residential units, where the buyer is a legal entity or trust,and the buyer is making an all-cash purchase or financing the purchase through a bank,  etc., that does not have an independent money laundering reporting obligation.  

Information required to be collected by a "reporting person" which typically is the escrow or title company in the transaction, will include legal names, dates of birth, dates of execution of trusts, addresses, dba's, citizenship (for trustees and beneficial owners), taxpayer identification numbers, and if needed account number and financial institution name from which payment is made.

Additionally, there will probably be an extra charge in escrow for collecting this information which according to one escrow officer could be as much as an additional $700.  California Association of Realtors is including this transactional information now, so that any properties already begun prior to December 1 will be covered. This information is in a separate required form now, but is currently planned to be incorporated into the standard residential purchase contract in June, 2026.

And, should all necessary information not be delivered as requested on a timely basis, the Reporting Person will not close escrow, and any party not providing this information may be in breach of contract and the other party may be entitled to cancel.

While more regulations and forms to sign in escrow are met with a tired groan, bear in mind that "in 2025, financial crime is more sophisticated than ever, costing the global economy up to $2 trillion annually, according to the UN Office on Drugs and Crime ." https://www.moodys.com/web/en/us/kyc/resources/insights/aml-in-2025.html, involving cryptocurrency, real estate transactions, and other ways of laundering money. 

See more at :  https://www.realtor.com/news/trends/fincen-money-laundering-rule-crackdown-all-case-home-purchases/ and at FinCEN: https://www.fincen.gov/boi-faqs

 NOTE:  The implementation date has changed from December 1, as posted in the original article, to March 2, 2026. Article links may still have December 1 date.

Julia Huntsman, REALTOR, Broker | http://www.abodes.realestate | 562-896-2609 | California Lic. #01188996

Real Estate Laws for the New Year - 2025

Some have already been mentioned, but here's an overall review of major California real estate laws either in effect now, or effective in 2025:  

1.  ADUs - Do you have an ADU built before 2020?  AB 2533 extends the Accessory Dwelling Unit  amnesty law to unpermitted ADUs and junior accessory dwelling units built before 2020.  Cities and counties must provide a clear process for homeowners to obtain permits for their unpermitted ADUs.

2.  If your property is a multifamily unit of 3 or more units, you have until January 1, 2026 to have balconies and other wooden structures that extend beyond the building inspected. Condo project inspection due date is January 1, 2025.

3.  Buyer Broker agreements were required by a legal settlement with Realtors effective last August 17, and beginning January 1, 2025, a new California law also requires all licensed agents to form a buyer broker agreement no later than submission of a purchase offer, on the following property types (excluding leases and rental agreements):

    Real property improved with 1 to 4 dwelling units including a unit in a stock cooperative, condominium     or planned unit development.

    Multiunit residential property with more than four dwelling units

    Commercial real property

    Vacant land

    A ground lease coupled with improvements, and 

    A manufactured home or a mobilehome when offered for sale or sold through an agent pursuant to the         authority contained in Section 10131.6 of the Business and Professions Code.

4.  If you are using a "handyman" --The contractors licensing law, previously affecting work valued over $500, has been increased to $1000.  It does not apply when the total contract price for labor, materials, and all other items on a work on one project is less than $1000 and does not involve a building permit or employing another person.

5.  Fair Housing Laws (Unruh Act) is expanded to include discrimination against such race traits as protective hairstyles, including braids, locs and twists.

6.  Foreclosures - There is a 45-day postponement of foreclosure after a listing is taken, and a 45-day postponement after an accepted purchase agreement, and the trustee is prohibited from selling the property at the initial trustee’s sale for less than 67% of the amount of the fair market value of the property.

7. There are several new owner/tenant laws regarding changing of locks, the charging of application fees, tenant's positive credit reporting regarding rental payments, extra fee charges, unlawful detainers, timeline requirements for certain notices, and requirement of landlords to take movein/moveout photos of the rental property.  Please contact me if you would like more specific information about these new requirements. 

8.  Assets may be distributed outside of probate for small estates valued up to $750,000. This may not work well for multiple heir situations, advice of an attorney should be obtained.

9.  Pool and spa features regarding the status, condition and labeling of drowning prevention equipment must be noted in a physical inspection report. 

If you would like more specific information on any of these topics, please contact me for a printout. 

Julia Huntsman, REALTOR, Broker | http://www.abodes.realestate | 562-896-2609 | California Lic. #01188996