Buying Property in the U.S. as a Foreigner: What’s Actually Allowed

Question

Can foreigners buy property in the U.S.?

Answer

Yes — foreigners can legally buy property in the United States, and it’s a popular investment move for many international buyers. U.S. real estate law places no restrictions on foreign nationals owning land or residential property. Whether you're interested in a vacation home, investment property, or future residence, buying real estate in the U.S. as a non-resident is absolutely possible.

Do You Need a Visa to Buy Property in the USA?

No visa or legal residency status is required to purchase real estate in the United States. Foreign buyers can own property either personally or through a legal entity such as an LLC. However, it’s important to understand that property ownership in the U.S. does not automatically grant immigration benefits, work permits, or long-term residency rights.

How Does the Property Purchase Process Work for Foreign Buyers?

The real estate transaction process for non-citizens is largely similar to that for U.S. residents, with a few additional considerations. Here's a step-by-step outline:

  • Work with a licensed real estate agent experienced in international transactions
  • Open a U.S.-based bank account (optional but recommended)
  • Secure financing if needed (note that foreign buyers often need at least 30% down)
  • Conduct thorough due diligence: inspections, title search, and escrow arrangements
  • Sign closing documents, either in person, remotely, or via power of attorney

What Financing Options Are Available for Foreign Buyers?

While some U.S. banks offer mortgage products to non-residents, financing can be more limited compared to local buyers. Typical requirements include:

  • Minimum 30% down payment
  • Proof of foreign income or assets
  • Higher interest rates compared to U.S. citizens

Because of these challenges, many international buyers prefer all-cash transactions when purchasing property in the USA as a foreigner.

What Taxes Should Foreign Property Owners Expect?

Foreigners buying property in the U.S. should be aware of several tax responsibilities:

  • Property taxes: Ongoing annual local taxes based on property value
  • Rental income tax: Must be reported to the IRS if the property is rented
  • FIRPTA (Foreign Investment in Real Property Tax Act): May require up to 15% of the sale price withheld at closing when selling U.S. property
  • Estate taxes: Can apply to U.S. property owned by foreign nationals upon death

Are Property Laws the Same in Every U.S. State?

No — real estate laws, taxes, and closing procedures vary by state. In some states, a real estate attorney must be present at closing, while in others, a title company handles the transaction. It’s critical to work with experienced professionals familiar with both local regulations and international real estate deals.

Key Takeaways for Foreigners Buying Real Estate in the U.S.

To summarize:

  • Foreign nationals can legally purchase U.S. property
  • No visa or residency status is required for ownership
  • Financing options may require higher down payments and stricter documentation
  • Foreign owners must comply with U.S. tax obligations and estate tax laws
  • Real estate regulations differ by state — work with qualified experts

Pro Tip: Before making a purchase, consult a real estate attorney, tax advisor, and licensed agent specializing in international transactions to navigate the legal, financial, and procedural aspects successfully.