Real estate agents play an important role in the FinCEN reporting process, even though they rarely file reports themselves.

Agent Responsibilities

Agents do not typically file reports. The rule does not require real estate agents to file reports with FinCEN or submit information directly to the government unless they are the only professional involved in the transaction who has sufficient information to file the report (which is uncommon).

What Agents Should Do

1. Identify potentially reportable transactions early in the listing or buyer representation process
2. Help buyers and sellers understand what information may be required
3. Flag changes to buyer structure or financing that could trigger reporting requirements
4. Alert the closing team immediately if buyer structure changes (e.g., switching from individual to entity)
5. Set expectations early about information collection and timing

Early identification prevents rushed information requests and closing delays.