Part of the Master FinCEN Reporting HUB.
Starting March 1, 2026, the new FinCEN Residential Real Estate Reporting Rule drops a brand-new compliance task into the laps of real estate professionals.
If a transaction involves a non-financed transfer of residential real estate to an entity or trust, someone involved in that closing has to file a Real Estate Report with FinCEN.
The tricky part?
The rule doesn’t just say “the title company files it.”
Instead, FinCEN created something called a reporting cascade — a hierarchy of professionals involved in the transaction. The person highest on that list becomes the reporting person.
But here’s the twist.
The rule also allows professionals involved in the transaction to shift that reporting responsibility to someone else.
That’s where designation agreements come in.
Let’s answer some common questions:
✍️ Designation Agreements (Shifting Responsibility — Carefully)
Can the reporting responsibility be shifted to someone else?
What is a designation agreement?
Are blanket designation agreements allowed?
Can a third-party vendor be designated as the reporting person?
If I outsource preparation of the report, who holds ultimate responsibility?
What exactly should the designation agreement say? (Download our sample agreement!)
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FinCEN Sample Designation Agreement
FinCEN Reporting Designation Agreement Template Comply with the new FinCEN Residential Real Estate Reporting rule without reinventing the wheel. This professionally structured designation agreemen...
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