Non-US citizens are fully entitled to purchase real estate in the United States, irrespective of their nationality or immigration status. No federal legislation prohibits international buyers from owning property here. The buying process is predominantly agent-led, operating through a well-structured nationwide database called the Multiple Listing Service (MLS), and offers considerably greater transparency than property markets in many other parts of the world — though it functions quite differently from systems where notaries or solicitors take the lead role in transactions.
| Item | Details |
|---|---|
| Foreign ownership restrictions | No federal law bans foreign nationals from buying US property (as of 2025); some state-level restrictions exist — verify with a local attorney |
| Typical total agent commission | Approximately 5.57%–5.70% of sale price, split between listing and buyer’s agent (as of 2025–2026; rates vary and are negotiable) |
| Who pays agent fees | Historically the seller; since August 2024 rules, buyers and sellers negotiate separately — sellers still often cover both sides |
| Agent licensing | A state-issued licence is mandatory in all 50 US states and DC; each state has its own regulatory body |
| Median foreign buyer purchase price | $494,400 (record high, April 2024–March 2025, per NAR) |
| Top destinations for foreign buyers | Florida, Texas, California, New York (as of 2025, per NAR data) |
Who are the main estate agents operating in the United States, and how do buyers typically use them?
The United States boasts one of the most developed property agency industries anywhere in the world, with millions of licensed practitioners active across all fifty states. The sector is shaped by large national franchise operations that extend their brand and infrastructure to local agents. Among the most recognisable names are Keller Williams Realty, RE/MAX, Coldwell Banker, Century 21, Compass, Sotheby’s International Realty, and Douglas Elliman. Sotheby’s International Realty and Douglas Elliman carry particular weight in the luxury segment and among buyers arriving from overseas.
One of the features that distinguishes the US market from many others is the Multiple Listing Service (MLS) — a cooperative database through which agents share property listings. When a seller’s agent lists a home, that listing becomes accessible to every other licensed buyer’s agent in the area, regardless of which firm they work for. This creates a far more open and data-rich environment for buyers than markets such as France or Spain, where individual agencies often keep their own listings siloed and do not share them freely with competitors.
Within the US system, agents generally act for one party: either the seller (known as the listing agent) or the buyer (the buyer’s agent). In certain states, a single agent may represent both sides — an arrangement called dual agency. This contrasts sharply with the UK model, in which the estate agent acts exclusively for the vendor and purchasers typically navigate the process without dedicated representation. The American approach actively encourages buyers to retain their own agent to advocate for their interests from the initial search right through to the completion of the deal.
International buyers have additional specialist resources available to them. Platforms such as HomeAbroad and NAR Global maintain curated networks of agents who focus on cross-border purchases and are familiar with the financing hurdles and legal requirements that foreign buyers encounter. As the market is constantly evolving, it is always worth confirming an agent’s credentials and current specialisation directly before proceeding.
Do estate agents in the United States need qualifications or a licence to operate?
Any individual who wishes to list or lease real estate on behalf of another party in the United States must hold a valid real estate licence issued by the state or territory in which that activity is taking place. This is a firm statutory obligation across all 50 states and the District of Columbia — a considerably more prescriptive framework than exists in certain other countries, including some European markets that have historically relied on voluntary codes or self-regulation.
Regulation of the real estate profession sits almost entirely at state level. Each of the 50 states and the District of Columbia maintains its own Real Estate Commission or Board, which sets the rules, administers examinations, and handles complaints and disciplinary matters. There is no single overarching national regulator comparable to the UK’s Property Ombudsman. Buyers wishing to identify the relevant authority in their target state can use the directory provided by the Association of Real Estate License Law Officials (ARELLO), which lists every US state regulatory body.
Although the precise requirements differ from one state to the next, all jurisdictions mandate a minimum number of hours of pre-licensing education as a prerequisite for sitting the state licensing examination. The volume of required study varies considerably: at the lower end, some states ask for as few as 40 hours of coursework, while Texas sits at the opposite extreme, requiring up to 180 hours before a candidate may attempt the exam.
It is worth clarifying an important distinction: licensing requirements apply to those acting on behalf of others in property transactions, not to individuals buying or selling their own real estate. As a purchaser, you are under no obligation to hold a licence yourself — but any agent you engage to assist you must be currently licensed in the relevant state. Before appointing an agent, ask for their licence number and cross-check it against the state regulator’s public register. Licensing rules are subject to revision, so always consult your state’s licensing authority for the most current information.
Agents who have joined the National Association of Realtors (NAR) are entitled to use the trademarked designation “REALTOR®” and are held to NAR’s Code of Ethics on top of their state-level obligations. Only NAR members may use this title. This voluntary layer of professional membership offers buyers a useful additional signal of commitment to ethical standards when evaluating potential agents.
How much do estate agents charge in the United States, and who pays the fees?
According to September 2025 data published by Clever Real Estate, the national average total real estate agent commission stands at 5.57%, with the typical split running at approximately 2.82% to the listing agent and 2.75% to the buyer’s agent. More broadly, commissions in 2025 tend to fall in the 5%–6% range of the sale price, though in some cities total fees can be as low as 4%, while certain markets — particularly for commercial property — see rates as high as 7%–10%. Commission structures are fully negotiable and shift over time, so it is essential to confirm current rates directly with any agent you are considering.
The question of who bears these costs underwent a fundamental change in 2024. For many years, it was standard practice for sellers to pay both their own agent and the buyer’s agent out of the sale proceeds. This arrangement was substantially altered by a legal settlement involving the National Association of Realtors, which took effect on 17 August 2024. The settlement separated the two sides of commission, placing responsibility on buyers to negotiate and agree a fee directly with their own agent. That said, sellers retain the option to offer payment of both commissions as part of the deal.
The practical consequence for buyers is that a written buyer-broker agreement must now be signed before any property viewings take place. This agreement sets out the fee, its amount, and who will pay it. The buyer may settle this cost directly at closing, have it covered through a concession negotiated with the seller as part of the offer, or in some cases roll it into the mortgage if the lender permits.
There is no statutory fee scale in the United States — unlike in several European countries where agent fees are set or capped by law. Buyers are therefore free, and indeed encouraged, to discuss commission openly from the outset, compare what different agents offer, and ensure that every aspect of the fee arrangement is documented in writing before touring any property. For the most authoritative and up-to-date information, the NAR settlement information page and your state’s Real Estate Commission website are the best starting points.
Where else can buyers find properties for sale in the United States, apart from estate agents?
The American real estate market is exceptionally well equipped with digital search tools, and a great many buyers — including those searching from abroad — begin exploring the market online well before engaging an agent. The main platforms include:
- Zillow — the largest residential property portal in the country, carrying millions of active listings alongside its proprietary Zestimate valuation tool and advanced search filters covering school districts, commute times, and neighbourhood characteristics. Particularly useful for gaining a broad overview of any given market.
- Realtor.com — operated by Move, Inc., and drawing listings directly from MLS feeds, making it one of the most current and comprehensive sources available. Backed by NAR.
- Redfin — a technology-driven brokerage that publishes its own listings and market analysis, and operates an agent service with a lower-commission model than traditional agencies.
- Trulia — part of the Zillow Group, with a focus on neighbourhood intelligence including crime data and local amenity mapping, which can be especially helpful for buyers who have never visited a given area.
- LoopNet — the leading platform for buyers seeking commercial rather than residential property.
Buyers looking for peer insights and community-level guidance can also turn to expat-oriented online spaces. Forums such as Expat Forum and community hubs like InterNations host detailed threads on buying property in individual US cities. Facebook groups catering to expats in destinations such as Miami, New York, Los Angeles, Austin, and Chicago often yield personal referrals to bilingual agents and attorneys with genuine experience of cross-border transactions.
For newly built homes, developers frequently sell directly through on-site sales offices and their own marketing websites, bypassing the MLS entirely. In high-growth markets such as Austin, Dallas, and Phoenix, buying new-build can give international buyers access to contemporary layouts and reduced maintenance demands. It is still worth appointing an independent buyer’s agent for these purchases — developers typically cover the agent’s fee, so there is no additional cost to the buyer.
Property auctions are permitted in all US states and are most commonly used for foreclosure sales, estate sales, and distressed assets. Online platforms including Auction.com and Hubzu facilitate these sales digitally. While auction purchases can represent genuine value, properties are frequently sold in their current condition with no warranty — making them particularly risky for buyers who cannot inspect the property in person.
The United States lacks a single centralised national property register of the kind that allows straightforward public searching in countries such as the UK (Land Registry) or Australia (Torrens system). Instead, ownership records, deed histories, and tax assessments are maintained at the county level by the relevant county recorder, assessor, or clerk. The level of online access to these records varies widely from one county to another. For any ownership verification, the county recorder’s or assessor’s website is your starting point.
Is using a buyer’s agent common practice when purchasing property in the United States?
Engaging a dedicated buyer’s agent is not merely common in the United States — it is the standard approach, and for international purchasers it is especially strongly advised. While buyers in many European countries deal directly with the vendor’s agent throughout the process, the US system is built around dual representation: the seller works with one agent, the buyer with another, and each advocate negotiates in their client’s corner.
The services a buyer’s agent provides typically include: identifying and shortlisting properties that match the buyer’s criteria; organising and accompanying viewings; advising on a realistic offer price by reference to comparable recent sales; preparing and submitting the written purchase offer; conducting price and terms negotiations; coordinating home inspections and surveys; and steering the buyer through the escrow and closing process from acceptance to completion.
All buyer’s agents must hold the same state-issued real estate licence required of listing agents — there is no separate licence category for buyer representation alone. The NAR does, however, offer a voluntary specialist accreditation: the Accredited Buyer’s Representative (ABR®) designation, which agents may earn to signal expertise in representing buyers. A searchable directory of ABR®-holders is available through NAR’s designation directory.
As of 2025, the average buyer’s agent commission sits at around 2.75% of the purchase price. Written buyer-broker agreements are now a mandatory requirement, and the terms — including who pays the fee and how much — must be agreed and signed before any property viewings occur. Many buyers continue to negotiate for the seller to absorb this cost through concessions at the offer stage. Given that the landscape continues to evolve in the wake of the August 2024 NAR settlement, always confirm the current arrangement with any agent you are considering appointing.
For international buyers completing the purchase from their home country, a buyer’s agent takes on added significance: they can provide live or recorded video walkthroughs, liaise directly with attorneys and inspectors, and in some states attend the closing on the buyer’s behalf under a power of attorney. This advisory function has some parallels with a buyer’s solicitor in the Irish market or a purchasing agent (mandataire) in France — though it is important to note that a US buyer’s agent is not a legal professional and cannot give formal legal advice.
Are there organisations in the United States that support or represent foreign property buyers?
The US does not have a dedicated government agency or single advocacy body established specifically to protect the interests of foreign property purchasers. However, several organisations offer resources and guidance relevant to international buyers:
- NAR Global (National Association of Realtors — Global Division) — the international arm of NAR, which builds relationships with property associations in more than 100 countries and produces resources tailored to foreign buyers, including guidance on FIRPTA withholding tax (which applies to foreign sellers) and a directory of Certified International Property Specialists (CIPS). Contact: 430 N. Michigan Ave., Chicago, IL 60611; Tel: +1 (312) 329-8200.
- HomeAbroad — a specialist platform linking foreign nationals with agents and lenders experienced in cross-border transactions who do not require a US credit history. It operates as a commercial service rather than a consumer protection body but provides genuinely practical guidance for international buyers navigating the financing landscape.
- State Bar Associations — every US state has a bar association capable of referring buyers to licensed real estate attorneys practising in that jurisdiction. The role attorneys play in a US property purchase varies by state: in parts of the Northeast it is customary for lawyers to review contracts and oversee closing, while in many other states a title company or escrow company fulfils that administrative function. The American Bar Association lawyer finder is a useful starting point.
- American Land Title Association (ALTA) — the trade body representing title insurance companies and settlement agents. Title insurance is a concept largely unique to the United States and is rarely encountered in other property markets. ALTA’s website provides clear explanations of how the title insurance system works and why it is regarded as an indispensable element of any US property purchase.
- Consumer Financial Protection Bureau (CFPB) — a federal agency that oversees financial products including mortgage lending. While not exclusively focused on real estate, its home-buying resources and mortgage disclosure guidance are useful for any buyer seeking to understand the financing process, including foreign nationals.
What other steps or considerations should foreign buyers be aware of when searching for property in the United States?
Foreign ownership restrictions: Non-US citizens are generally free to purchase property in the United States regardless of nationality, immigration status, or residency, as no federal law prohibits such ownership. However, a growing number of individual states have enacted their own restrictions — particularly concerning agricultural land and, in some instances, residential property in the vicinity of military installations. Florida, Texas, and Montana are among the states that have introduced measures affecting certain categories of foreign buyer in recent years. This is a fast-moving area of law; always obtain advice from a licensed real estate attorney in your target state before making any commitments. The USDA tracks foreign ownership of agricultural land, and both the US Department of State website and individual state government portals are useful starting points for checking current rules.
The role of attorneys and title companies: Unlike many civil law jurisdictions — France, Spain, Italy, and Germany among them — where a notary plays a mandatory and central legal role in every property transfer, the US does not require notarial involvement in most residential purchases. The closing process is instead managed by a title company or, in certain states, by a real estate attorney. The title company conducts a search of the property’s ownership history, arranges title insurance, holds the parties’ funds in escrow, and coordinates the disbursement of money on closing day. In states including New York, New Jersey, and Massachusetts, it is customary — and very strongly recommended — for buyers to retain a real estate attorney to review the purchase contract before it is signed. For international buyers, engaging a local real estate attorney represents a sensible precaution regardless of the conventions of the state in question.
FIRPTA and tax considerations: Foreign buyers should familiarise themselves with the Foreign Investment in Real Property Tax Act (FIRPTA). Its primary impact falls on foreign sellers, who are subject to a withholding of up to 15% of the gross sale price when disposing of US real estate. However, it carries indirect relevance for buyers who may eventually wish to sell, and there are ongoing tax obligations for all foreign property owners: rental income is taxable under US federal law, annual property taxes are levied at county level, and US estate tax exposure may arise on death. Consulting a US tax professional with experience of international transactions is essential before purchasing.
Land and property registration: The US has no single national land register. Ownership records are held county by county, administered by the county recorder, assessor, or clerk. There is no federal portal giving unified access to all US property transactions. Once a purchase completes, the deed is filed with the appropriate county authority, and title insurance provides the buyer with protection against historic ownership disputes — a safeguard with no direct equivalent in the Torrens-based registration systems used in Australia and Canada.
Language and remote purchasing: International buyers can search for, purchase, and hold US property entirely from their country of residence. Physical presence in the United States is not required at any stage, and ownership carries no obligation linked to immigration status. The major listing portals — Zillow, Realtor.com, and others — are well suited to remote searching, and experienced agents regularly conduct video walkthroughs and manage paperwork electronically. All contracts and legal documents are in English, however, and these should always be reviewed by a qualified attorney — or with the assistance of a certified translator where necessary — rather than relying on automated translation tools.
Step-by-step overview of the purchase process:
- Define your search criteria and budget. Explore target locations and neighbourhoods through online platforms such as Zillow, Realtor.com, and Redfin, and set a realistic financial ceiling. Factor in buyer closing costs (typically 2%–5% of the purchase price), annual property taxes, any applicable homeowner association (HOA) fees, and ongoing upkeep expenses.
- Appoint a buyer’s agent. Identify a state-licensed buyer’s agent — preferably one with a track record of working with international clients. The mandatory buyer-broker agreement must be signed before any viewings take place. Ensure all fee arrangements are set out clearly in writing.
- Arrange financing (if needed). If you intend to borrow, approach lenders offering foreign national mortgage products before submitting any offers. A pre-approval letter substantially strengthens your position in a competitive market. It is worth noting that approximately 47% of foreign buyers complete their purchases in cash, compared with 28% of all US existing homebuyers, so all-cash offers are not unusual in this segment.
- Search for properties and attend viewings. Your agent will draw up a shortlist from MLS data matching your requirements and arrange visits — in person if you are in the country, or via video if you are purchasing remotely.
- Make an offer and negotiate. Your agent will prepare and submit a formal written offer using the state’s standard contract form. Negotiations will follow on price, the proposed closing date, and any seller concessions.
- Open escrow and conduct due diligence. Once the offer is accepted, a title company (or attorney in attorney-closing states) will open an escrow account. Arrange a professional home inspection independently of your agent — this typically costs $300–$600, though local rates vary. Review the results of the title search carefully.
- Secure financing and satisfy contingencies. Your lender will commission an independent appraisal of the property. Work through each contractual contingency — financing, inspection, title — within the agreed deadlines.
- Close the transaction. Attend closing in person or execute the documents remotely via a notarised power of attorney. Sign all paperwork, transfer the purchase funds, and take delivery of the deed. The title company will register the deed with the county, and you will receive your title insurance policy confirming your ownership.
Frequently asked questions
Can I search for and buy property in the United States without visiting in person?
Yes — it is entirely possible to identify, purchase, and hold US real estate without ever travelling to the country. The major listing portals make detailed remote searching straightforward, most experienced agents are comfortable conducting live or recorded video tours, and in the majority of states a closing can be completed remotely via a notarised power of attorney. You should, however, always have a local real estate attorney review any contracts on your behalf before you sign.
Do I need a US bank account before I can buy property there?
A US bank account is not an absolute prerequisite for purchasing property, but opening one is very strongly advisable. Closing funds are conventionally transferred by wire, and the ongoing financial obligations of ownership — property taxes, HOA fees, utility bills — are considerably easier to manage from a US account. Certain lenders and title companies may also stipulate one for particular transaction types. Speak to an international bank or a specialist cross-border financial provider early in your planning to explore your options.
Are there restrictions on what type of property foreign nationals can buy in the United States?
At the federal level, there are no laws preventing non-US citizens from purchasing any type of property. However, a number of individual states have enacted measures restricting foreign nationals from acquiring agricultural land or real estate situated near sensitive defence facilities. The legal landscape in this area is changing, and the rules differ from one state to the next. Always obtain advice from a licensed attorney in your intended purchase state before making any commitments.
What happens if a seller withdraws from a deal after I have made an offer in the United States?
In the great majority of US states, once both parties have executed the purchase contract, the seller is legally bound by its terms. Should the seller attempt to pull out without a valid contractual justification, the buyer may have the right to pursue specific performance — compelling the sale to proceed — or to claim damages, including recovery of any deposits paid. The earnest money deposit (typically 1%–3% of the purchase price) is held in escrow and enjoys a degree of protection. The specific remedies available vary by state, so consult your real estate attorney for advice applicable to your situation.
How long does a typical property purchase take to complete in the United States?
For a buyer financing the purchase, the period from accepted offer to closing typically runs 30–60 days. All-cash buyers can often complete in as little as 10–14 days. International buyers using foreign national mortgage products may find the timeline extends to 60–90 days, given the additional underwriting scrutiny involved. Your agent and lender are the best guides to a realistic schedule for your specific circumstances.
Do I need to pay tax in the United States on property I own there as a foreign national?
Yes. All US property owners, including foreign nationals, are liable for annual property taxes collected at county level, and rates differ considerably depending on the location. Rental income derived from the property is subject to US federal income tax. When the time comes to sell, the FIRPTA regime requires the buyer to withhold up to 15% of the gross sale price and remit it to the IRS on the foreign seller’s behalf. Given the complexity of the cross-border tax position, engaging a US tax adviser with international real estate expertise before purchasing is an essential step, not an optional one.
Is title insurance really necessary when buying property in the United States?
Title insurance is standard practice in the United States and is widely considered essential — a very different position from most other property markets around the world, where the concept barely exists. A buyer’s owner’s title insurance policy guards against financial losses arising from defects in the property’s ownership history that may not come to light during the title search: unpaid liens, boundary disagreements, or clerical mistakes in historical deeds. Mortgage lenders will invariably require their own lender’s policy; a separate owner’s policy purchased at closing protects the buyer’s own financial interest. The premium is a one-time payment made at closing, and the coverage remains in force for the entire period of your ownership.
What is the role of a notary in the US property purchase process?
A US notary public performs a much narrower function than a notary in a civil law country such as France, Spain, or Germany. In the American context, a notary’s role is limited to witnessing and certifying the authenticity of signatures on legal documents — they do not conduct independent verification of the transaction, offer advice to either party, or handle funds. The substantive work in a US property transaction is carried out by the title company (which manages the escrow account and the title search) and, where one is retained, by a real estate attorney. International buyers who are accustomed to a system in which a notary plays an active advisory and supervisory role should appoint a real estate attorney to fulfil the equivalent function in a US purchase.