Buying a House with Cash Shouldn’t Make You a Suspect

The agency argues that dragnet real-estate surveillance will help identify bad actors.

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A “For Sale” sign outside a single-family home in Carlsbad, Calif., September 16, 2026.

Mike Blake/Reuters

Imagine you’ve spent years saving, and you finally buy a modest rental property. You pay cash to avoid taking out unnecessary loans, and you put the property in an LLC because your accountant told you to. Congratulations, the federal government now considers you a suspect!

That’s the logic behind a Treasury Department rule that a federal court struck down this spring, which the government is now trying to revive. The case, Flowers Title Companies v. Bessent, is before the . Its outcome will decide whether nearly every all-cash home purchase by a trust or business in America is reported to federal law enforcement.

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About the Author

Mitchell Scacchi

Mitchell Scacchi is the strategic research manager for the separation of powers at Pacific Legal Foundation.

LW

About the Author

Luke Wake

Luke Wake is a senior attorney at Pacific Legal Foundation.

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