Responsibility for reporting follows a specific order set by FinCEN, known as the reporting cascade.

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In most residential transactions, the title company, escrow agent, or closing attorney is responsible for filing the Real Estate Report. A real estate agent is only responsible for reporting if all higher-priority parties in the cascade are unavailable or exempt, which is uncommon, so agents should generally expect that a closing professional will handle the filing. 

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The complete FinCEN Reporting Cascade includes:

1: Closing/Settlement Agent on statement; 

2: Statement preparer ;

3: Deed filer; 

4: Title insurance underwriter; 

5: Funds disburser (with exclusions); 

6: Title evaluation provider; then 

7: Deed preparer