USA

FAQ

In our question database you will find the answer to all your questions related to buying property abroad.

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Required documents, taxes and procedures

  • When do I need a TAX IDENTIFICATION NUMBER in the USA?

    You generally need a US Taxpayer Identification Number (SSN or ITIN) if you will file a US tax return, earn rental income, or be reported to the IRS on mortgage interest or sale proceeds; simple cash buyers with no US‑source income may close without a TIN but will need one once they have taxable US income.​

  • How can I get a TAX IDENTIFICATION NUMBER in the USA?

    US citizens and residents get a Social Security Number via the Social Security Administration, while non‑residents without an SSN apply for an Individual Taxpayer Identification Number (ITIN) from the IRS by submitting Form W‑7 with identity and status documents, often through a certified acceptance agent.​

  • How can I open a bank account in the USA?

    Most banks require a passport, proof of address, and a TIN (SSN or ITIN), plus compliance with KYC/AML checks; some institutions allow non‑residents to open accounts with just a passport and additional documentation, but policies vary widely by bank and state.​

  • Can I pay for real estate in the USA by transfer from a foreign bank?

    Yes, international buyers commonly send USD wires from their home banks directly to the US escrow, title company, or attorney trust account; you must follow the exact wiring instructions and allow time for compliance checks.​

  • In the USA, must foreign documents be certified with an Apostille?

    Usually yes for foreign powers of attorney, corporate documents or civil records used at closing; they normally need an Apostille plus certified English translation to be accepted by US title companies and recording offices.​

  • Will a bank in the USA require proof of the origin of my funds?

    Yes, banks and escrow/title companies can request bank statements, sale contracts, or other documents to demonstrate lawful source of funds under US AML and sanctions regulations.​

  • Do banks and title companies in the USA honour documents from foreign notaries?

    They may accept them if they are properly notarised abroad, apostilled, and translated into English, and if their form meets the specific state’s and title insurer’s requirements.​

  • How can I check the land register / title records in the USA?

    Title is recorded at county level, and searches are usually carried out by a title company or real‑estate attorney, who examines the public records and then issues a title report and title insurance policy.​

  • What tax will I pay when purchasing real estate in the USA?

    Most states and localities charge transfer or recording taxes that are usually paid by the seller, not the buyer; buyers mainly face closing costs rather than a separate national purchase tax, though specifics differ by state and city.​

  • What finishing standard do developer properties have in the USA?

    New homes are usually sold fully habitable (“turnkey”), with completed kitchens and bathrooms, though pre‑construction deals may allow the buyer to choose finish levels and upgrades; “shell” or “core and shell” is more typical in commercial projects.​

  • How does submitting a mortgage application to a US bank look?

    You complete a loan application (credit check, income, assets, debts), provide tax returns or foreign income proof, bank statements, and property details; the lender then underwrites the file, orders appraisal and title, and issues a clear‑to‑close when conditions are satisfied.​

  • What are the typical commission rates for a real‑estate agent in the USA?

    Total brokerage commission is often around 5–6% of the sale price, commonly split between listing and buyer’s agents; it is usually paid by the seller out of closing proceeds, though structures are changing in some markets.​

  • What procedures must I follow to get a short‑term vacation rental licence in the USA?

    Requirements are highly local: many cities require a permit or licence, registration, safety inspections, tax registration for local lodging/occupancy taxes, and compliance with zoning and HOA/condo rules; platforms like Airbnb often require a local registration number.​

  • What down payment is typically required when financing a property in the USA?

    Primary‑residence buyers may qualify with as little as 3–5% down on certain loan programs, while investors and foreign buyers usually need 25–35% down; lenders set their own minimums.​

  • What is the annual property tax when you own real estate in the USA?

    Annual property tax is set by local counties and cities, often in the range of roughly 0.5–2.5% of assessed value per year, depending on the state and municipality.​

  • What documents must I prepare to obtain a mortgage from a US bank?

    Expect to provide identification, TIN, income documents (pay stubs, tax returns or foreign income evidence), bank and investment statements, details of debts, and full property information (contract, HOA docs, insurance).​

  • What are the monthly costs for a property in the USA?

    Typical recurring costs include mortgage payments (principal and interest), property taxes (often escrowed monthly), homeowner’s insurance, and possibly HOA/condo fees and utilities.​

  • How long does an agent wait for commission payment in the USA?

    Agents are normally paid immediately after closing, when the settlement statement is finalized and funds are disbursed by the escrow or attorney.​

  • Is the agent’s commission fixed or does it depend on the property?

    It is agreed in the listing and buyer‑broker agreements as a percentage of the sale price and can vary by property type, price, and local market conditions.​

  • How is commission paid to an agent in the USA?

    At closing, the escrow or attorney pays the brokerage firms according to the settlement statement; brokerages then pay the individual agents under their internal split arrangements.​

  • Can commission be negotiated when there are multiple interested clients?

    Yes, commission is negotiable; sellers and agents may agree reduced rates in hot markets, on luxury or multiple‑unit deals, or for repeat clients.​

  • Does an agent get commission if the client chooses a different property than originally viewed?

    If there is an active buyer‑broker agreement and the agent was the procuring cause of the purchase, the brokerage is typically entitled to commission on any property bought during the term, not just the first one shown.​

  • What is the income tax on rental income from US property?

    Rental income is generally taxable in the USA, with non‑resident owners usually taxed at graduated rates on net income if they elect to treat it as effectively connected income; expenses like interest, taxes, insurance, repairs, and depreciation can be deductible.​

  • What fixed costs should be expected when owning property in the USA?

    Key fixed costs are property taxes, insurance, HOA/condo fees (if applicable), and basic maintenance; landlords also incur bookkeeping, tax preparation, and sometimes management fees.​

  • What is the “enrichment tax” level in the USA?

    The closest concept is capital gains tax on sale; for US taxpayers, long‑term gains have specific federal rates plus possible state tax, and non‑residents are subject to US tax and FIRPTA withholding on gains from US real property interests.​

  • What is more advantageous: taking a loan abroad or in the USA?

    US loans match the property’s currency and legal system but may be harder to get for non‑residents; foreign loans in another currency avoid US underwriting but add FX risk and usually cannot be secured on US property—many investors prefer USD financing if available.​

  • Can I transfer a mortgage from another country to a property in the USA?

    Practically no; foreign lenders rarely record liens on US property and US closing practice is geared to domestic‑law mortgages.​

  • What additional costs are associated with property management by an agency?

    Residential property managers often charge 8–12% of collected rent plus leasing fees for finding new tenants, and may add mark‑ups on repairs and inspection charges.​

  • Can I invest in property for commercial purposes, such as a hotel or office, in the USA?

    Yes, but you must comply with zoning, building, health and safety codes, and in some cases licensing and franchise or brand‑standards rules; financing and tax treatment differ from residential.​

  • What are the rules on changing the use of a property, e.g. turning an apartment into an office?

    Change of use depends on local zoning and building codes and HOA/condo rules; you may need planning permission, building permits, and code upgrades to convert residential to commercial.​

  • Can a foreigner inherit real estate in the USA without extra formalities?

    Foreigners can inherit US property, but probate is conducted under the state’s law, and heirs must handle US tax and reporting obligations; for non‑resident decedents, US estate tax may apply to US‑situs assets above thresholds.​

  • Is a developer in the USA obliged to provide a warranty on new properties?

    Most states have implied warranties of habitability or specific new‑home warranty statutes, and many builders offer contractual warranties (e.g. 1‑year workmanship, longer on structure); exact coverage depends on state law and the builder’s warranty document.​

  • Are there limits on interior remodelling in the USA?

    Internal changes must comply with building codes and any HOA/condo rules; structural, electrical and plumbing work usually requires permits and inspections, while minor cosmetic work can be done freely.​

  • What are the requirements for property insurance in the USA?

    Insurance is usually mandatory if the property is mortgaged, covering at least the replacement cost of the structure; in some areas flood, hurricane or earthquake riders are strongly recommended or required.​

  • Is it possible to put a mortgage on US property as security for a loan from a foreign bank?

    Legally possible but unusual; foreign consumer banks typically do not set up US‑law mortgages, and doing so requires specialist legal structuring and recording in the correct county.​

  • Can I transfer ownership of US property to a family member without paying tax?

    Transfers by gift can trigger US gift‑tax and require filing; some states also levy transfer taxes on deeds even between relatives, so legal and tax advice is important before gifting.​

  • How are profits from renting property to tourists in the USA taxed?

    Short‑term rental income is taxable as ordinary rental or business income, and hosts may also owe local hotel, lodging, or occupancy taxes that must be collected and remitted to local authorities.​

  • Can I easily open a bank account in the USA, and do I need a local address, job or residence?

    Policies vary: some banks require US address and SSN, others allow non‑resident accounts with extra documentation; it is no longer trivial and often easier if you have US ties such as a job, company, or long‑term stay.​

  • What is the current situation on the US real‑estate market – are prices rising or falling?

    Recent data show continued strong foreign interest and notable transaction volumes, with conditions varying by region—some markets are cooling, others remain tight and expensive.​

  • Do banks require special security or guarantees from foreign buyers?

    Yes, lenders may require larger down payments, higher interest rates, more documentation, and may restrict certain loan programs to US residents only.​

  • Can a property in the USA be rented out before its handover?

    No; you generally cannot sign effective rental agreements until you legally own the property and it is habitable and compliant with local codes.​

  • What are typical warranty conditions for elements like electrical and plumbing in the USA?

    New‑home warranties usually cover systems like electrical, plumbing, and HVAC for a limited period (often 1–2 years) while structural elements may be covered longer; the exact schedule is in the builder’s warranty.​

  • Is it possible to change the design of a property before its completion in the USA?

    Pre‑construction buyers often can choose finishes and minor layout options within a design catalogue; major structural changes are uncommon and subject to builder and code limits.​

  • Can there be hidden financial obligations on property in the USA?

    Yes, such as liens, unpaid taxes, HOA dues, or special assessments, which is why title searches and title insurance are standard at closing.​

  • Must a new property in the USA be registered in a property register before sale?

    New construction is conveyed by deed and recorded in the county land records at or immediately after closing; there is no sale without a recordable deed.​

  • Is new property in the USA subject to extra rules on sustainable building or energy efficiency?

    Building and energy codes impose minimum efficiency and safety standards for new construction; specific requirements depend on state and local code adoption.​

  • Does the USA offer special conditions for foreign investors, like “golden visa” programmes linked to real estate?

    The USA has investor visas such as EB‑5 and E‑2 where real‑estate‑related businesses can play a role, but simply buying a home does not qualify; investments must meet strict job‑creation and business criteria.​

  • Are reliable reports on the US property market available, and which institutions publish them?

    Yes; sources include the National Association of Realtors, major listing portals, large brokerages, and specialist foreign‑buyer reports, all publishing regular data and analysis.​

  • Are there rent‑control regulations in the USA?

    There is no nationwide rent control, but some states and cities (e.g. parts of California, New York, Oregon) have rent‑control or rent‑stabilisation laws, while many others prohibit them.​

  • Must a new property be insured in the USA, and what are the minimum requirements?

    If financed, lenders require hazard insurance at minimum; cash buyers are not legally forced but strongly advised to insure at least the structure and liability, with extra cover in high‑risk areas.​

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Reservation, contracts and real estate purchase transactions

  • Is a spousal consent agreement required when purchasing real estate in the USA?

    Usually no: in most states only the buyer signs, but in “community property” states (e.g. California, Texas) a spouse’s signature may be needed to waive marital rights or on the mortgage and later on a sale or refinance.​

  • Can I pay for real estate in the USA using Revolut or a similar fintech service?

    Yes, if the service can send a USD wire to the escrow/title company’s or attorney’s client account; you must confirm ABA/routing details and any limits with Revolut/your provider.​

  • During a real estate purchase in the USA, must foreign documents be translated and certified with an Apostille?

    Yes, foreign powers of attorney, IDs or corporate docs often need an Apostille plus certified English translation for use with US title companies and county recorders; exact practice is state‑ and title‑company‑dependent.​

  • Am I entitled to any tax reliefs when purchasing real estate in the USA?

    Common “reliefs” are: deductibility of mortgage interest and property taxes for some US taxpayers, special first‑time buyer or down‑payment assistance programs in certain states, and 1031‑like exchanges for investment property; non‑residents face different rules and often cannot use all deductions.​

  • Can a bank in the USA block or delay my incoming international transfer?

    Yes; US banks apply strict AML and sanctions screening and can hold, question, or return international wires until they verify the source and purpose of funds.​

  • What is the total amount of fees when purchasing real estate in the USA?

    Typical buyer closing costs (excluding down payment) are about 2–5% of the purchase price and include lender fees, title insurance, escrow/attorney fees, recording fees and prepaid taxes/insurance; sellers pay their own costs plus broker commissions.​

  • How can I safely purchase a new property online in the USA?

    Use a licensed real‑estate agent and independent real‑estate attorney, insist on title insurance, work only with funds held in an insured escrow or attorney trust account, and use secure video inspections and professional inspections before waiving contingencies.​

  • What does reserving a property from a developer look like in the USA?

    Developers often use a reservation agreement with a small deposit, followed by a formal purchase contract and larger earnest money once documents are reviewed; deposits are held in escrow and refund rules depend on the contract and state law.​

  • How does the entire real estate purchasing process proceed in the USA, from reserving to finalizing the deal?

    Typical steps: pre‑approval, offer + earnest money, inspections and disclosures, appraisal and full underwriting, title search and insurance, repairs/credits negotiation, signing closing documents and funding, then recording of the deed and key handover.​

  • How can a buyer pay for a new property in the USA?

    Most buyers use a combination of mortgage loan and down payment; payments at closing are made by wire or cashier’s check to escrow/title/attorney, not in cash.​

  • What happens if a buyer in the USA lacks financing for the second installment / closing? Is the first deposit forfeited?

    If the contract had a financing contingency and the loan is formally denied within the contingency period, the earnest money is usually refundable; if contingencies are removed and the buyer then fails to close, the seller can typically keep the earnest money as liquidated damages.​

  • How can I send money to reserve a property in the USA?

    You send an earnest‑money deposit via domestic or international bank wire to the escrow or attorney trust account, or by US cashier’s check if you have a US bank account; never send to a private individual outside closing instructions.​

  • Is it possible for a developer in the USA to default and not finish construction?

    Yes; buyers mitigate this with escrowed deposits, performance bonds where available, detailed contracts, and strong builders. In some states condo/developer laws provide extra protections, but risk is not zero.​

  • How long does it take to purchase a new property in the USA?

    A financed purchase typically takes 30–60 days from contract to closing; cash deals can close in 1–3 weeks if title work is ready.​

  • What power of attorney is required to purchase a new property in the USA?

    A state‑specific, notarized power of attorney that meets local recording requirements and is pre‑approved by the title company; for foreign execution, US counterparts may require an Apostille and certified translation.​

  • When will I receive the keys to the property I bought in the USA?

    Usually once the deed is recorded and the sale funds are disbursed—often the same day or the next business day after signing, depending on state practice.​

  • Can I pay for real estate in the USA with cryptocurrency?

    Not directly into the land records: some sellers accept crypto through third‑party processors who convert it to USD before closing, but official settlement and title insurance are in USD.​

  • How much time does the buyer have to pay all transaction‑related costs?

    All buyer funds (down payment + closing costs) must be in escrow before or at the closing date set in the contract; missing this deadline can be a breach and may cost you your earnest money.​

  • Is residency necessary when purchasing real estate in the USA?

    No; foreigners can buy US property without US residency or a green card, although they face specific tax and reporting rules.​

  • What are the payment options and preferred schedules with developers in the USA?

    New‑build contracts typically involve an earnest‑money deposit (sometimes in stages) and then full payment at closing; extended post‑completion payment plans are much rarer than in some European markets.​

  • Does the developer receive my payment immediately, or are the funds held in escrow?

    By default, funds are held by a neutral escrow or attorney trust account and released to the developer or seller only when contractual conditions and closing documents are satisfied.​

  • What if the buyer withdraws from purchasing real estate in the USA; are they entitled to a refund of the deposit paid?

    Refundability depends on contingencies: if you cancel within an inspection, financing, or other contingency period under the contract, you usually get your earnest money back; otherwise the seller can generally keep it.​

  • Will a client receive a refund of the deposit paid for accommodation services if they cancel their trip to the USA?

    That depends on the hotel or platform cancellation policy (refundable vs non‑refundable rate, deadlines); there is no special real‑estate rule for this.

  • What happens if the developer does not fulfill the terms of the contract in the USA?

    You may be entitled to specific performance (forcing completion), compensation, or contract termination with deposit refund, depending on state law and the contract; disputes are handled in state courts or agreed arbitration.​

  • What down payment is typically required when financing a property in the USA?

    Owner‑occupiers often put 3–20% down depending on loan type; foreign or investment buyers commonly need 25–35% down and face stricter requirements.​

  • Can a foreign citizen purchase real estate in the USA without any problems?

    Yes, there is no general federal restriction on foreign ownership of residential property, though there can be extra hurdles (FIRPTA tax on sale, bank requirements, some local rules near military or agricultural land).​

  • Are the real estate prices listed in USA offers gross prices including taxes and fees?

    Listing prices generally exclude closing costs and property taxes; they are the base price for the property alone, with buyer and seller closing costs added on top.​

  • Is buying real estate in the USA on the primary market safe?

    The system is mature and highly regulated, but you still need due diligence, inspections, and title insurance; safety varies by developer and jurisdiction.​

  • Can I buy real estate in the USA with cash?

    Yes; cash purchases are common, especially among foreign and investor buyers, but large cash deposits are closely scrutinized under AML rules.​

  • Does buying real estate in the USA automatically mean transferring tax residency to the USA?

    No; tax residency is based mainly on citizenship, green‑card status, and the number of days you spend in the USA (substantial presence test), not mere ownership of property.​

  • Can a legal entity (company or LLC) buy real estate in the USA?

    Yes; many investors use LLCs or corporations for liability and estate‑planning reasons, though this has US tax implications that need advice.​

  • Are there restrictions for foreigners when purchasing real estate in the USA?

    Generally not for typical residential properties, but some sectors like agricultural land, property near sensitive military installations, and certain condos/co‑ops can have extra restrictions or board approvals.​

  • Can I rent out the property immediately after purchase, or do I need formalities?

    You can usually rent right away, but must comply with local zoning, rental registration or licensing rules, condo/HOA bylaws, and federal/state tax reporting on rental income.​

  • Can I donate the property or sell it shortly after purchase?

    Yes; US law generally allows you to sell or gift property quickly, though selling fast can affect tax treatment (short‑term vs long‑term capital gains) and gifts have US gift‑tax and estate‑planning implications.​

  • Can I resell real estate in the USA without paying capital gains tax?

    Capital gains on US real estate are normally taxable for both residents and non‑residents, but exemptions exist for some primary residences and special structures (e.g. like‑kind exchanges for investors); personal advice is needed.​

  • What is the legal situation if a co-owner does not agree to a sale?

    You cannot sell 100% without all owners’ consent; a co‑owner may seek a partition action in court, which can lead to a forced sale and division of proceeds.​

  • Can I apply for a US visa or residence status based on a real estate purchase?

    Buying property alone does not grant any US immigration status; however, real estate can be part of a wider qualifying business investment in programmes such as certain EB‑5 projects or in structuring an E‑2 business, subject to strict rules.​

  • Can I get any sales‑tax or VAT‑type refund if I buy real estate as a company in the USA?

    No; the USA does not have a VAT on real estate like in the EU, and there is no general “sales‑tax refund” on property purchases—tax optimisation is via income, depreciation and capital‑gains rules, not VAT refunds.​

  • Are there limits on the number of properties I can buy in the USA?

    No federal limit; you can own multiple properties, subject only to financing capacity, local regulations and any lender/HOA rules.​

  • Can I obtain any right of residence in the USA by purchasing real estate?

    No direct right: property ownership can support a broader investor or business case, but there is no official “golden visa” based solely on buying a house.​

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Customer arrival in USA

  • In a marriage without a separate property regime, do both spouses have to come to the USA to buy real estate?

    In many US states only the purchasing spouse needs to be physically present, but in community‑property or homestead states a non‑purchasing spouse may need to sign certain mortgage, homestead, or waiver documents; this can often be done via a notarized power of attorney instead of both spouses travelling.​

  • Can I move into a property bought from a developer in the USA immediately?

    You can move in once the property has a certificate of occupancy, the closing is completed, the deed is recorded, and the seller/developer formally delivers possession; if construction or inspections are not finished, move‑in can be delayed.​

  • How much time do I have after viewing a property in the USA to decide to buy?

    There is no fixed legal deadline; in hot markets sellers may expect an offer within hours or days, while in slower markets a property can stay available for weeks. Timeframes are driven by competition and the listing terms, not statute.​

  • Will there be an interpreter on site during my stay and transaction in the USA?

    US law does not guarantee an interpreter for private transactions; some brokerages, attorneys, and lenders offer multilingual staff, but if you need Polish or another language you normally must arrange your own interpreter.​

  • Can I count on a lawyer when buying real estate in the USA?

    Yes, in many states using a real‑estate attorney is standard or strongly recommended, especially for foreign buyers; the attorney can review contracts, represent you in negotiations, and attend closing on your behalf.​

  • Do I have to travel to the USA to buy a property through an online platform?

    Not necessarily; many US transactions for foreign buyers are closed remotely via electronic signatures, notarized and apostilled powers of attorney, and video/remote closings, provided the lender and title company accept this structure.​

  • Can an agent or local partner help set up utilities (electricity, water, internet) after I purchase property in the USA?

    Yes, many agents or relocation services help buyers connect utilities and internet and set up homeowner accounts, but this is a private service and depends on your agreement with them.​

  • Is airport pickup available for clients arriving in the USA?

    Airport transfers are not part of the legal process; some agencies or relocation firms offer airport pickup as an extra courtesy or paid service, but it is not standard or regulated.​

  • Is accommodation during my stay in the USA included in the property purchase price?

    No; travel, hotels, and living costs during your visit are separate from the real‑estate transaction and are normally paid by the client.​

  • How much cash can I bring with me to the USA?

    You can bring any amount, but if you carry more than USD 10,000 (or equivalent) in cash or negotiable instruments, you must declare it to US Customs on arrival; undeclared amounts over this threshold can be seized.​

  • How many properties can I view during my visit to the USA?

    There is no legal limit; the number of viewings depends on scheduling with your agent and sellers—typically you can see several properties per day in one area.​

  • What happens if a client misses their flight and does not arrive at the US airport?

    This is purely a travel issue; the real‑estate process continues according to contract deadlines. If you miss agreed viewing or inspection dates, you must reschedule quickly or use a local representative to avoid missing contingency deadlines.​

  • How can I book an apartment or hotel for my stay while purchasing property in the USA?

    You book accommodation via standard travel platforms or directly with hotels; real‑estate agents may recommend areas or hotels but do not typically handle travel bookings under real‑estate law.​

  • Can I count on support during price and contract negotiations with a developer in the USA?

    Yes, that is a core role of a licensed real‑estate agent and, in attorney states, your real‑estate lawyer; they negotiate price, contingencies, repairs, and contract terms on your behalf.​

  • Are extra services such as help opening a bank account or arranging utility contracts additionally chargeable in the USA?

    Yes, these are ancillary concierge services; some agents include basic help informally, while structured relocation or banking support is usually billed separately or provided by third‑party firms.​

  • How many days should a client plan to stay in the USA to purchase a property?

    For a standard financed purchase you often need just a brief visit (3–7 days) to view properties and sign key documents, with the rest handled remotely; cash buyers can sometimes view, offer, and close within a single short trip if title and inspections are fast.​

  • Will a US brokerage or platform handle a client who arrived on the invitation of another real‑estate office?

    US brokerages are bound by local licensing and ethical rules; if you are already under an exclusive‑buyer agreement with one agent, another brokerage may not be able to represent you without resolving that agreement first.​

  • How high is the lawyer’s fee when buying real estate in the USA?

    Attorney fees vary by state and complexity; for standard residential deals they are often a flat fee in the hundreds to low thousands of dollars, or occasionally an hourly rate billed for document review and closing.​

  • Do I have to appear in person to sign the purchase deed (closing documents) in the USA?

    Not always. Many states and title companies allow closing by couriered documents, remote online notarization, or a power of attorney, so you can complete the transaction without being physically present in the USA, subject to your lender’s policies.​