Legal Question in Real Estate Law in California

- What documents are needed for foreigner buying a residential property in U.S?

- Can foreigner assign power of attorney to buy and/or sell residential property, without being present?

- What is the estate tax percent for foreigners? Should he write a will or something?

- Can foreigner sell residential property below market value?


Asked on 2/02/11, 2:46 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Foreigners can buy property in the U.S. without any documents that a resident citizen would not also need. Basically, you need "clean" money. The seller and the escrow company will generate the other documents.

Foreigners can use an attorney-in-fact, authorized by a power of attorney, to act for them in real estate dealings. The form and method of execution of the power of attorney should be local and familiar to the seller(s), agents and others with whom the attorney-in-fact will be dealing.

I cannot predict the estate tax rate that might apply. A foreign owner of real property should consider having a will or trust drafted under California law covering disposition of property within the state.

Anyone can sell property below market value, so long as the purpose is not fraud. But why?

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Answered on 2/08/11, 9:51 pm


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