Legal Requirements for Registering a Real Estate Business in USA

We will be discussing today the legal requirements for registering a real estate business in the USA. This article will guide you through the proper registration guidelines for legal entities. Due to the real estate market’s sound nature and reliable legal framework, many investors tend to invest in the U.S.

Below, we will be discussing the essential requirements for registering a real estate business and the restrictions in the USA.

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Essentials in Registering for Real Estate Business in the USA

Firstly, there are no documents that are required of you if you wish to register a company in the U.S. They are only necessary in cases of opening a bank account but not for company registration. Therefore, the primary thing that is required in registering a company in the USA is information. Real estate in the USA can be owned by a natural person or a legally created domestic entity. In addition, a foreign-domiciled person or entity can also own a real estate business in the U.S. The Foreign Investors in Real Property Tax Act also provides for the requirements for foreign entities regarding ownership of real estate business.

To gain a real estate license, there are requirements to be met depending on the state. You will need to pass the licensing exam though generally, there are pre-licensing courses required by states before you can take the exam. In a real estate licensing exam, the topics may defer as they vary in each state. Once you pass the exam, you can now register for your new real estate license.

Types of Holding Rights in Real Estate that are recognized in the US

The most common forms of commercial real estate ownership in the US are fee-simple title and ground leasehold title. All rights, titles, and interests in the real estate assets are owned by the ownership entity in fee-simple title. There is no superior title holding estate and the fee-simple estate is not limited in duration. Meanwhile, ground leases often last for at least, 49 years and are mostly 99 years or longer. In addition, there are other lesser estates in title that are recognized in the US. They include life estate, future estates in land, and a fee title for a term of years. Furthermore, they realize fee title subject to termination upon a condition subsequent, leasehold estates and easement interests.

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Frequently Asked Questions (FAQs)

What parties may hold and exercise rights over real estate in the US?

A natural person can hold and exercise rights over real estate in the USA. In addition, a legally created domestic entity or a foreign-domiciled person or entity can own real estate in the USA

Are there restrictions on foreign ownership of property in the US?

Generally, it is expected that foreign entities must register to do business in the state where the property is located. Therefore, in the US, there is certain state law reporting requirements that foreign entities who own real estate are subject to. Furthermore, foreign entities and persons are also subject to US Federal Income Tax. This is provided for and can be found under the Foreign Investors in Real Property Tax Act.

Is it a must to register a real estate business in the US?

Indeed, it is compulsory. It is expected that all mortgages and fee interests in real estate must be registered in the land records. This is done because they are maintained for each state and county throughout the United States. In order to ensure that estates are recognized in a title transfer, notices of ground leases and measure space leases are also recorded.

What rights are not required to be registered?

The recording is essential as it helps protect property rights. In addition, it perfects certain security interests such as mortgages and liens. However, there is no requirement to record the title.

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We have learned a lot about the necessary legal requirements to register your real estate business in the USA. However, you can carry out your individual research if you want extensive knowledge of the legal requirements for registering a business in the USA.

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