Yes — a French or European buyer can still buy US property in 2026, and there is no general federal restriction on foreign nationals owning US real estate: you need neither a visa nor a green card to buy. The nuance behind the alarming headlines is that, since 2023, roughly three dozen states have passed laws restricting purchases by nationals of specific 'countries of concern' — primarily China, Russia, Iran and North Korea — and/or purchases of farmland or land near military bases and critical infrastructure. These laws are aimed at those nationalities and sensitive land, not at Europe and not at GADAIT's typical clientele. Florida's SB264 is the most-discussed example, and legal analyses (Akerman, DarrowEverett) confirm it does not restrict a standard French or European buyer. Still, confirm the current rules for your target state and property with local counsel before you commit.
No federal ban — and why the headlines feel scarier than the law
The most important fact is also the simplest: there is no general US federal law preventing a foreign national from buying residential real estate, and no requirement to hold a visa, green card or any immigration status to do so. A French, Belgian, Swiss or other European buyer can acquire a Miami condo, a Manhattan apartment or a Los Angeles house on essentially the same legal footing as a US buyer, subject to the tax and ownership realities covered elsewhere in this cluster. The 'foreigners can't buy in America anymore' narrative that has spread since 2023 is not describing the federal position; it is describing a patchwork of state laws that are much narrower than the headlines suggest.
What those state laws actually do is restrict specific categories of buyer and land. Since 2023, roughly three dozen states have enacted or tightened 'alien land law' style statutes targeting nationals of a short list of 'countries of concern' — most commonly China, Russia, Iran and North Korea — often focused on agricultural land or property near military installations and critical infrastructure. The policy driver is national security, not a general hostility to foreign homebuyers, which is why the laws single out particular nationalities and sensitive land rather than banning foreign ownership across the board. For a European buyer purchasing a home in a city, these statutes are, in the overwhelming majority of cases, simply not engaged. The state-by-state picture is tracked by the Committee of 100, which is the reference to consult if you want the current map.
Florida's SB264: the most-cited law, and why it doesn't touch a French buyer
Because Florida is the number-one destination for foreign buyers, its 2023 law — SB264, 'Interests of Foreign Countries' — is the one that generates the most anxiety, so it is worth being precise about what it does. SB264 restricts the purchase of certain Florida real estate by people 'domiciled' in, or connected to, specified foreign countries of concern, with tighter rules for property near military bases and critical infrastructure, and the strictest provisions directed at China. It is a targeted national-security statute, not a bar on foreign ownership generally. Multiple law-firm analyses of the statute — including those published by Akerman and DarrowEverett — make clear that it operates against the enumerated countries and sensitive-location categories, and that a buyer who is a national or resident of France or another European country buying an ordinary Miami residence is not the target of the law.
That said, 'not the target' is not the same as 'ignore it entirely'. These state laws are new, they have been amended, and closing attorneys in the affected states now routinely include buyer disclosures or affidavits confirming a purchaser is not caught by the restriction — a procedural step, not an obstacle, for a European buyer. The sensible posture is therefore reassurance without complacency: the standard GADAIT client faces no meaningful restriction, but because the rules are state-specific and still evolving, the current text for your target state and the exact property type should be checked with local counsel as part of the transaction. The no-federal-ban position, the roughly three-dozen-state count and the Florida analysis here draw on the Committee of 100's alien-land-law tracker and the text of Florida SB264 with the Akerman and DarrowEverett legal memos; confirm the live position for your state and property before committing.
Sources
Primary and expert sources behind this answer:
- Committee of 100 — Alien Land Law tracker (state laws since 2023 restricting property purchases by nationals of 'countries of concern'; roughly three dozen states, not aimed at European buyers) ↗
- Florida SB 264 (2023) — Interests of Foreign Countries, with Akerman / DarrowEverett legal analysis (restricts buyers from specified countries and near military/critical infrastructure; no impact on a standard French/European buyer) ↗
This page is general information, not legal or tax advice. US estate, gift and income tax, state-level rules and foreign-ownership restrictions are technical, differ by state and change frequently. Every figure and structure here — especially anything touching estate tax and succession — must be confirmed with a US tax adviser and an estate/succession attorney (and, for French buyers, a French notaire) for your specific case before you act.
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