I am an international tax lawyer. I handle lots of real estate transactions with foreign sellers and buyers. I don’t have a real estate license, and I don’t ask for a piece of the commission. Got that out of the way for ya, didn’t I? Here are a few things to keep you sane when you handle a deal like that
Two mothers
“When Mama’s happy, everybody’s happy.” And in a real estate deal with foreign players, you have two mothers. Keep them both happy and you’re likely to close your deal on time.
Mama number one is your title officer. Ask a simple question. Demand a yes/no answer. “Have you handled a real estate transaction with a foreign seller/foreign buyer in it before?”
Don’t say “Can you handle one of these transactions?” Because of course they CAN. Right? And they will.
Right up until 5 days before closing and they figure out that the seller is a Bahamas corporation and they start insisting that you register the corporation with the Secretary of State and get a certificate of good standing from Sacramento and the Bahamas and oh, who are these people who claim to be the officers?
Mama number two is escrow. Especially for a foreign seller. Call up your escrow officer and ask the same question: have you done one of these transactions before?
Loyalty matters. But business is business. You don’t want your deal to be the crash test dummy. Let them learn on someone else.
War story: two summers ago, I handled two very similar deals in Southern California at the same time. Different title companies. One inexperienced title officer, one experienced. The novice title officer cost the buyer an extra $5,000 in legal fees to get the deal done.
Foreign seller
If your seller is a foreigner, here’s your checklist:
Tax ID number
The seller needs a U.S. tax identification number. More often than not they don’t have one. Go to the IRS website and pull down Form W-7 for a human seller. Get in Read more