📅 2026 Update: Changes in U.S. Property Law Affecting Real Estate

Since the original article was published, there have been significant updates in U.S. property law that impact real estate transactions. These changes include new regulations, court rulings, and enhancements to existing programs. Readers can find the earlier article further down the page for additional context on real estate in Portugal.

📜 FinCEN Rule Vacated

On March 19, 2026, a U.S. District Court vacated FinCEN's Residential Real Estate Reporting Rule. This rule, finalized in August 2024, aimed to curb money laundering in real estate transactions.

The court decided that FinCEN had exceeded its authority under the Bank Secrecy Act. As a result, the reporting requirements are currently suspended, meaning no one needs to file real estate reports while the court's order is in effect.

🔒 CFIUS Jurisdiction Expansion

The Committee on Foreign Investment in the United States (CFIUS) expanded its jurisdiction on November 1, 2024. The new rules require parties involved in real estate transactions near military installations to submit filings for review. This includes nearly 60 additional military installations across 30 states.

The goal is to enhance national security oversight.

🏠 Texas Senate Bill 17

In March 2026, Texas took steps to enforce Senate Bill 17. This law prohibits certain foreign entities from purchasing or leasing real property in Texas. It targets individuals and companies from countries like China, Iran, North Korea, and Russia.

The proposed rules include mandatory reporting requirements and define key terms to clarify the law.

🏘️ Opportunity Zone Program Updates

The Opportunity Zone Program has been enhanced and made permanent. As of April 1, 2026, a new nomination window for Opportunity Zone 2.0 will open on July 1, 2026. This program offers tax incentives for investing in low-income areas, aiming to boost economic growth in those regions.

📈 Tax Deduction Changes

The "One Big Beautiful Bill Act" has significantly changed tax deductions for real property. Starting after December 31, 2024, the maximum deduction increased from $1 million to $2.5 million, with a phase-out to $4 million. Additionally, new depreciation allowances for nonresidential real property used in manufacturing will apply to properties with construction starting between January 20, 2025, and December 31, 2028.

📌 Key Points of 2026 Updates

  • 📜 FinCEN's reporting rule is now vacated.
  • 🔒 CFIUS expanded jurisdiction affects foreign transactions.
  • 🏠 Texas restricts foreign ownership under Senate Bill 17.
  • 🏘️ Opportunity Zone Program is permanent with new nomination window.
  • 📈 Significant tax deduction and depreciation changes enacted.

💡 Tips for Navigating Real Estate in Review the details of your situation with your attorney to ensure compliance with current laws.

🏗️ Understand CFIUS Requirements

If you're involved in a real estate transaction near military installations, be aware of CFIUS requirements. Filings are now required for additional properties, which can affect the timeline of your transaction.

🇺🇸 Check Local Laws for Foreign Ownership

Many states, including Texas, have enacted laws restricting foreign ownership of real property. Understand these local laws to avoid potential issues when purchasing or leasing property.

📊 Stay Informed About Opportunity Zones

The Opportunity Zone Program can offer tax incentives for investments in low-income areas. Keep track of the nomination window starting July 1, 2026, to take advantage of these benefits.

📅 Prepare for Tax Deduction Changes

With the new tax deduction limits set to take effect, it's important to plan for these changes. Understand how the increased limits can impact your financial planning for real estate investments.

📝 Review California's Real Estate Law Changes

As of January 1, 2026, California made several amendments to its real estate laws. If you're involved in real estate in California, familiarize yourself with these changes to stay compliant.

🔍 Utilize Available Resources

Take advantage of resources provided by the U.S. Department of the Treasury and CFIUS. These organizations offer guidance and support for navigating recent changes in real estate laws.

🏆 Free Options Ranked by User Reviews (2026)

No national paid services currently meet the review threshold for this topic, so this section focuses on free government and nonprofit resources available.

🥇 1. CFIUS Resources

The Committee on Foreign Investment in the United States provides important guidance for parties involved in real estate transactions. Their resources help clarify the requirements for submissions and ensure compliance with national security regulations.

🥈 2. Opportunity Zone Program Assistance

The U.S. Department of the Treasury offers resources for investors and communities participating in the Opportunity Zone program. These resources help individuals understand the benefits and requirements of investing in designated low-income areas.

🥉 3. State-Level Resources on Foreign Ownership

Many states provide resources for understanding local laws regarding foreign ownership of real property. These resources can help individuals and businesses navigate regulations specific to their state, particularly in areas with restrictions.

4️⃣ Legal Aid Organizations

Local legal aid organizations often offer free assistance for individuals facing challenges in real estate transactions. They can provide guidance on legal rights and help with understanding complex regulations.

5️⃣ Community Development Financial Institutions (CDFIs)

CDFIs offer support for investments in low-income communities, particularly those identified as Opportunity Zones. They provide funding and resources to help investors navigate the requirements of these programs.

🔎 Before Paying for Help

  • 🔍 Check for free resources available.
  • 🏢 Verify the credentials of any service provider.
  • 📅 Understand the fees before committing.
  • 📝 Read reviews from other users.
  • 🚨 Ensure they comply with current laws and regulations.

❓ Frequently Asked Questions

❓ What does the vacated FinCEN rule mean for real estate buyers?

The vacated FinCEN rule means there are currently no reporting requirements for real estate transactions, relieving buyers of potential compliance burdens.

🔍 How do I know if my property transaction is subject to CFIUS review?

If your transaction is near a military installation, it may be subject to CFIUS review. Check the details with the CFIUS guidelines to see if you need to file.

🏛️ What are the implications of Texas Senate Bill 17?

Texas Senate Bill 17 restricts certain foreign individuals and entities from purchasing or leasing real property in Texas, impacting foreign investors in the state.

💰 What are the benefits of the Opportunity Zone Program?

The Opportunity Zone Program offers tax incentives for investments in low-income areas, encouraging economic growth and development in those communities.

📈 How can the new tax deduction limits affect my investment strategy?

The increased tax deduction limits can significantly impact your investment strategy by allowing for larger deductions, which may lead to improved cash flow and tax planning.

🏡 Where can I find more information about California's real estate law changes?

You can find detailed information about California's real estate law changes in the California Department of Real Estate's 2026 Real Estate Law Book.

⚖️ Recent Cases Related to Property Law

Recent court rulings have clarified and impacted various aspects of property law, including regulations around foreign ownership and transaction requirements.

For more insights, feel free to browse more rulings on the news page.

End of October 2026 Update






Portugal property and real estate has been noted as a relatively untapped area of the overall European real estate market, which has generally been noted for being heavily invested in and bought up, and in this regard Portuguese property has been noted as a possible new focus for buyers. 



 



 

Finding Real Estate in Portugal


Portugal property can vary in price according to the area, in which it is found, with some better-known areas also having higher prices on average than areas of Portuguese property which have continued to be less used and explored by outsiders.



 



 



 



Portugal property purchases, particularly in the case of the seller, buyer or both being foreign to the nation, should take place only with the benefit of a full understanding of Portuguese property law and the ways, in particular, in which it differs from that of the buyer or seller’s home country. Some of the popular regions for Portugal property purchases include the Algarve, which is noted as a retirement and vacation destination which has become popular among foreigners. 



 



 



To a similar end, coastal areas of Portuguese property are also noted for their popularity and their correspondingly high prices and high level of visibility in the overall Portugal property market. Portugal property can come in such forms as old, traditional-style residences, such as in fishing villages on the coast, or in the form of more recently constructed residences, such as might be built near golf courses. People considering a Portuguese property transaction should be sure to secure a notary’s services.