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Foreign buyers and sellersForeign buyers and sellers of Illinois real estate

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Start here: (1) As of October 2026, Illinois has no law in effect prohibiting foreign nationals or Chinese citizens from buying residential property; foreign persons who acquire agricultural land must report it to the state Department of Agriculture. (2) Buying a home in the United States does not by itself confer any immigration status. (3) You can complete a transaction while abroad, but confirm the signing method with your attorney and the title company in advance. (4) If the seller is a foreign person, the buyer usually must withhold tax from the purchase price by law (FIRPTA), and both buyer and seller should plan for this early.

Many clients living in China or another country want to buy a condo in Chicago for a child, or to sell a home they bought years ago. This is entirely possible legally, and the process is broadly the same as a local U.S. transaction: contract, attorney review, inspection, title review and closing. The main differences are four: signing abroad, moving funds across borders, tax withholding when the seller is a foreign person, and tax reporting later while you own and rent the property. This article addresses each in turn. For the general buying and selling process, see Buying a home in Chicago and Selling a home in Chicago.

Can foreign nationals buy property in Illinois?

Yes. Section 7 of the Illinois Property Owned By Noncitizens Act (765 ILCS 60) provides that noncitizens may acquire, hold and dispose of real property in the same manner and to the same extent as U.S. citizens.

In recent years a number of states have passed laws restricting purchases by foreign nationals (particularly Chinese citizens or China-linked entities) of agricultural land or land near sensitive facilities. Similar bills were introduced in the Illinois General Assembly in the 2025–2026 session, but according to the General Assembly’s public bill records, they all remained in committee after introduction and did not pass. So as of October 2026, Illinois has no such restriction in effect. Legislation may still change, and we verify again before you sign a contract.

Current rules to be aware of:

Buying a home and immigration status are separate matters

Buying a home in the United States, however large the price, will not get you a green card or visa or extend your authorized stay, and it does not change the conditions of your current visa. Owning property also does not make you a U.S. tax resident; tax residency turns mainly on tests such as the number of days you are present in the United States (see Immigration status and U.S. tax residency).

The EB-5 investor program requires funds to be invested in a commercial enterprise that creates jobs; a home to live in or a rental residence does not qualify (see EB-5 investor immigration). Buyers in the United States on a visa or green card can buy a home; loan terms are set by the lender.

How to sign when you are abroad

When the buyer or seller is outside the United States, there are three common approaches. Which one to use depends on the type of document, the requirements of the lender and title company, and the options available where you are. We confirm this with the title company at the contract stage; do not wait until the week before closing.

MethodHow it worksNotes
Notarization at a U.S. embassy or consulate abroadBook notarial services at the U.S. embassy or consulate where you are, bring your passport, and sign in personAn appointment is required in advance, and the services and arrangements are as currently published by the embassy or consulate; documents must be in English, and you must sign in front of the consular officer, so do not sign beforehand
Local notarization + apostilleIn China, have the document notarized by a notary office, then obtain an apostille from China’s Ministry of Foreign Affairs (or an authorized local foreign affairs office)China has applied the Hague Apostille Convention since November 7, 2023, so documents sent for use in the United States no longer need consular legalization; if the title company has format requirements, send the document to them for review in advance
Illinois electronic notarizationPerformed by a notary commissioned as an Illinois electronic notary, by live audio-video on a platform approved by the Secretary of StateSee below

Remote notarization and electronic notarization in Illinois

The Illinois Notary Public Act (5 ILCS 312), as amended by P.A. 102-160, together with the Secretary of State’s implementing rules effective June 5, 2023, distinguishes two approaches:

In other words, state law allows electronic notarization for signers located abroad, but whether it can actually be used also depends on whether the lender, the title company and the county recorder accept electronic documents, and whether the country where the signer is located permits it. Our firm does not give opinions on whether Chinese law permits this. For deeds that must be recorded, we usually still recommend one of the first two methods.

Power of attorney

If it is not convenient to sign all the documents yourself, you can appoint a relative, friend or attorney in the United States to sign for you. Title companies generally require the power of attorney to state the specific property address and transaction and review the text before closing; the power of attorney itself often must be notarized as well, and sometimes the original must be provided or recorded with the deed. A power of attorney signed in China should be notarized in China and apostilled as described in the table above. For a general introduction to notarization and apostilles, see Notary & apostille and Apostilles.

FIRPTA: withholding when the seller is a foreign person

Under the Foreign Investment in Real Property Tax Act (FIRPTA, Internal Revenue Code section 1445), when a foreign person sells U.S. real property, the buyer is the withholding agent and usually must withhold 15% of the amount realized and pay it to the Internal Revenue Service (IRS). If the buyer fails to withhold as required, the IRS may hold the buyer liable for the tax. So if the seller is a foreign person, this issue matters just as much to the buyer.

In practice, the withheld amount is generally held back by the title company from the seller’s proceeds at closing. The attorney will set out the withholding arrangement clearly in the contract and coordinate among the buyer, the seller, the title company and the accountants. The specific tax amount and filings are tax matters; please work with an accountant (see the tax section).

While you own the property: renting and tax reporting

Cross-border funds and wire safety

Sending funds out of China must comply with China’s foreign exchange regulations; our firm does not give opinions on Chinese law. On the U.S. side:

Whose name to hold title in: individual, trust or LLC

Foreign buyers often ask whether they should form an LLC to buy property. An LLC can separate the operating risk of a rental property and make joint investment by several people easier, but it adds formation and annual report costs, loan terms may differ, and the tax treatment (especially for foreign members) is more complex; a home you live in that is held by an LLC usually also cannot receive the homeowner exemption. A revocable living trust is used mainly to avoid probate, but its effect on estate tax for non-U.S. residents is limited. Which approach is appropriate must be judged together with your intended use, family members’ status and tax considerations. For a comparison of the forms of ownership, see Closing and title, and also Illinois LLCs and Living trusts.

In addition, the Financial Crimes Enforcement Network (FinCEN) issued a rule requiring reports of non-financed residential transfers to entities or trusts. On March 19, 2026, the U.S. District Court for the Eastern District of Texas vacated that rule (Flowers Title Companies v. Bessent), and the government has appealed. As of October 2026, FinCEN states that reporting is not currently required, meaning the rule is not in effect. We will update this page once the appeal is decided.

What the attorney does at this stage

Common situations for Chinese-speaking clients

Common misconceptions

How we can help

Frequently asked questions

Can I buy a home in Chicago without U.S. status or a Social Security number?

Yes. Illinois law allows noncitizens to hold real property. The process for an all-cash purchase is basically the same as for local buyers; if you need a loan, whether you can get one and on what terms is up to the lender.

Do I have to come to the United States in person for closing?

Not necessarily. You can sign abroad through notarization at an embassy or consulate, Chinese notarization plus an apostille, or similar methods, or appoint an agent to sign under a power of attorney. Confirm the specific method with the title company in advance.

Can I use Illinois remote video notarization while I am in China?

Remote notarization of paper documents requires the signer to be physically in Illinois, so it cannot be used from China. Under state law, electronic notarization can be performed for signers abroad on documents involving U.S. property, but whether it can actually be used depends on whether the title company, lender and recorder accept it; our firm does not give opinions on Chinese law.

I am a foreign seller. Will 15% be taken out of my sale proceeds?

Generally, the buyer must withhold 15% of the amount realized. If an exception such as the residence exception applies, less or nothing may be withheld; you can also apply for a withholding certificate to reduce withholding. The amount withheld is credited against your tax when you file your return, with any excess refunded or any balance due paid.

I have a green card and live in the U.S. Will FIRPTA withholding apply when I sell?

Green card holders are usually not foreign persons for FIRPTA purposes and simply sign a certification of non-foreign status at closing. However, the status of green card holders who live abroad for long periods is more complicated; please confirm with an accountant.

Should I use an LLC to buy?

Not necessarily. An LLC can suit some rental or multi-investor situations, but the costs and tax treatment are more complex, and for a home you live in it is generally unnecessary. We recommend deciding with your attorney and accountant before you buy.

Official sources

Related reading

Living abroad and want to buy or sell a home in Chicago? Have an attorney review the contract first. David Wang personally works with you in English, Chinese or French and helps you arrange the signing method and withholding issues. Book an attorney assessment, or call (312) 519-1115.

This page is general information, not legal or tax advice. Real estate transactions are governed by Illinois law and county and city rules; contract terms, taxes, fees and closing requirements may change, and outcomes depend on the specific facts. Consult an attorney before signing and rely on official sources. Our firm provides real estate transaction services under Illinois law.