How to Buy Property in the USA as a Foreigner (2026 Guide)
Learn the full end-to-end process of purchasing US real estate as a non-resident, from financing and FIRPTA to LLC structuring and visa realities.
The United States is one of the most open property markets in the world: there are no federal restrictions on foreign ownership, and non-residents can buy homes, condos and investment property in their own name. The complexity lies elsewhere, in financing, taxes, ownership structure and the gap between buying and being allowed to live here. This guide walks you through the realities of buying US property as a foreigner in 2026.
Who Can Buy and What the Rules Are
There is no federal law stopping foreign nationals from buying US real estate, and you do not need citizenship, a green card or a visa to own property. Non-residents can purchase single-family homes, condos, land and commercial property outright. A handful of states have introduced restrictions on foreign ownership of farmland or property near military sites (for example Florida and Texas have passed targeted laws), so check state-level rules for agricultural or strategic land. For most buyers the practical hurdles are administrative, not legal: you will need a US bank account, an Individual Taxpayer Identification Number (ITIN) for tax filings, and a local real estate attorney or title company. Always confirm current state-specific restrictions with a licensed local lawyer before committing.
The Step-by-Step Buying Process
Start by setting a budget and getting financing pre-approval if you are not paying cash. Engage a buyer's agent (their fee is typically paid from the transaction, though commission rules shifted after 2024 reforms, so clarify upfront). Once your offer is accepted, you sign a purchase contract and place an earnest-money deposit, usually 1 to 3 percent, held in escrow. A title company or attorney runs a title search and arranges title insurance; you should commission an independent home inspection and, for financed deals, an appraisal. Closing then transfers the deed and funds, often via wire. The whole process typically runs 30 to 60 days for a financed purchase and can be faster for cash. Remote closings are possible using a power of attorney.
Costs, Taxes and FIRPTA
Beyond the price, budget roughly 2 to 5 percent in closing costs: title insurance, escrow, recording fees, attorney and lender charges. Annual property taxes vary widely by location, commonly around 0.5 to 2.5 percent of assessed value per year. Rental income is subject to US tax, and you must file a federal return; many non-residents elect to be taxed on net rather than gross income. The key foreigner-specific rule is FIRPTA: when a foreign seller disposes of US real estate, the buyer must generally withhold 15 percent of the gross sale price toward the seller's tax liability. Plan for it on exit and confirm all current rates and exemptions with a US tax advisor.
Financing and Mortgages for Non-Residents
Foreign nationals can get a US mortgage, but expect stricter terms than residents. Specialist and portfolio lenders offer foreign-national loans, typically requiring a larger down payment, often 30 to 40 percent, versus the lower deposits available to citizens. You will usually need proof of income, bank statements, an international credit reference or reserves, and sometimes a US bank relationship. Interest rates are generally a little higher than standard resident rates. Without a US credit history, documentation matters more than a credit score. Many investors still pay cash to move quickly and avoid the paperwork. Compare offers from banks that explicitly serve foreign buyers, and confirm current rates, deposit requirements and qualifying criteria directly with each lender.
LLCs, Visas and Common Pitfalls
Many foreign investors hold US property through a US LLC for liability protection, privacy and estate-planning reasons; non-residents can own an LLC, but the structure has tax trade-offs, so model it with an advisor before forming one. Crucially, buying property does not grant any residency or visa right, the US has no real-estate-for-residency or golden-visa scheme. Living or working here still requires a separate visa. Common pitfalls include underestimating the FIRPTA withholding on resale, ignoring US estate tax exposure for non-residents (the exemption is far lower than for citizens), choosing the wrong ownership structure, and skipping title insurance. Always work with a US attorney and cross-border tax advisor.
FAQ
Can a foreigner buy property in the USA without a visa or green card?
Yes. The US places no federal restrictions on foreign ownership, so you can buy residential or investment property without a visa, green card or citizenship. You will need an ITIN for tax purposes and usually a US bank account, but owning property is fully legal for non-residents. Some states limit foreign ownership of farmland.
What is FIRPTA and how does it affect foreign sellers?
FIRPTA is a US tax rule requiring buyers to withhold a portion of the sale price, generally 15 percent of the gross amount, when purchasing real estate from a foreign seller. It is a prepayment toward the seller's US tax liability, refundable if too much was withheld. Reductions and exemptions exist; confirm details with a US tax advisor.
Can foreigners get a mortgage to buy US property?
Yes, through specialist foreign-national mortgage programs. Expect a larger down payment, often 30 to 40 percent, plus proof of income, reserves and documentation in place of a US credit score. Rates are typically a little higher than for residents. Many investors pay cash instead. Confirm current terms directly with lenders that serve foreign buyers.
Should I buy US property through an LLC?
An LLC can offer liability protection, privacy and estate-planning benefits, and non-residents are allowed to own one. However, the structure carries tax and filing trade-offs that differ for foreign owners, including potential effects on income and estate tax. Whether it makes sense depends on your goals, so model both options with a cross-border tax advisor first.
Does buying property give me US residency?
No. The United States has no golden-visa or residency-by-investment program tied to real estate. Buying property gives you no right to live, work or stay long-term. Visiting still requires the appropriate visa or ESTA, and residency requires a separate immigration pathway. Treat the purchase as an investment, not an immigration route.
Find Your US Property on GREM
Browse verified US listings and connect with agents who work with international buyers, all in one place on GREM Capital.
Browse US ListingsOwn a property? For owners ↗