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Property purchase options for non-us Citizen?Can he buy property on name of his US born child?

My relative is Non-US Citizen and planning to purchase home/land in US. He was here for Six years on temporary work visa and then went back to home country. Can he buy any property on name of his US born, minor child? 
Based upon my research, he is not entitled for any mortgage loan in US since he does not have any recent credit/pay history. But, if he is willing to pay in Cash, is there any specific procedure in place to follow? Any guideline/warnings/Dos &Don'ts etc? Any suggestion on buying Foreclosures?
  • September 17 2011 - Tallahassee
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Answers (4)

Profile picture for mcgmail
Thanks to everybody for valuable answer. 
  • October 02 2011
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The answer to your question will depend entirely upon state law where you wish to buy.  Some states do have specific laws that allow an adult (over 18) to acquire real property as the "Custodian" of a minor.  I can only speak for my state, Washington, where we do have a "Uniform Gift of Real Estate to Minors Act" in place.  I'm not certain about other states.

Many people error greatly by just deeding property into the minor's name.  Depending on state law, such a conveyance may be voidable by the minor for one thing; and worse, a court action to appoint a guardian would be necessary as a minor cannot legally sign. 

Assuming you can take title as a "Custodian" for the minor, since you are a "non-resident alien" (i.e. foreign person), our FIRPTA law would apply.  You might have a 10% holdback upon sale.  Just click here, FIRPTA, to learn more.  You may wish to consider a US citizen or other green card foreign citizen to act as custodian.

There are many issues involved, and I agree with the others that you consult with an attorney dealing specifically in real estate.  Best of luck!
  • September 20 2011
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Profile picture for Mark LeMenager
No.  You have to be 18 to own real property in Florida.
  • September 19 2011
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This is a serious question for a real estate/immigration attorney.
  • September 17 2011
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