Estate agents should check out both buyers and sellers, and letting agents should report any suspicious activity.
Both points were made in an HMRC webinar held yesterday afternoon on money laundering.
Around 700 people logged into the webinar, one of several held yesterday by HMRC, which also revealed that it has fined businesses for not meeting their money laundering obligations.
HMRC took over the regulatory duty in April 2014 from the OFT.
However, it is not clear whether the businesses it has fined may have been estate agents.
If that is the case, EYE has received no details.
In its final days of existence in March 2014, the OFT heavily publicised it had fined three agents an enormous amount – a total of £246,665 – for alleged breaches.
In yesterday’s webinar, one participant asked: “An earlier answer said CDD [customer due diligence] was required on buyers as well as sellers.
“All the previous advice and training we’ve had is that it only applies to our sellers, ie the person(s) paying our fee, our client.”
The HMRC replied: “CDD is required on your customer whether they are the buyer or seller. Best practice is to identify both parties.”
The webinar also made clear that any estate agent doing lettings must report any suspicious lettings activity.
The webinar followed a report by Transparency International called ‘Don’t look, won’t find’.
Separately, on the other side of the Atlantic, the US government is set to clamp down hard on money laundering through property transactions, by requiring agents to disclose names behind all-cash transactions.
The New York Times says it is the first time the federal government has made this requirement which “is likely to send shudders through the real estate industry” which has benefited from a boom “increasingly dependent on wealthy, secretive buyers”.
The paper says it is part of a broader effort to clamp down on money laundering.
Treasury official Jennifer Shasky Calvery said there have been examples where multi-million dollar homes have been used by shell companies “as safe deposit boxes for ill-gotten gains”.
The Treasury will focus on cash purchases and purchases by shell companies, at first in Manhattan and Miami and initially from March through to August.
If the Treasury finds that many sales involve suspicious money, the requirement will be rolled out nationally and made permanent.
Best practice and backside covering, yes, check both. However, the legislation only calls for checks on a business’ customer. As estate agents, our customer is the seller unless we are acting as buying agents.
Here is the link to the HMRC guidance notes (PDF):
HMRC guidance notes on money laundering http://bit.ly/1ROquQg
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HMRC would say ‘check both’. It covers them either way and doesn’t cost them any money. Oh and by the way Mr Estate & Letting Agent, we better not find you making those excessive charges to tenants or exhorbitant fees over £595 to sellers. Forgive the New Year sarcasm please.
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Legislation states checking on sellers but we’ve been doing it with buyers for a few years now- let’s face it who’s morre likely to be the money launderer, the seller who’s been there 10-20 years or the buyer who you’ve never met before? ‘Belt & braces’ the best approach in my view and if for any reason someone ‘drops the ball’ on the one case that proves to be an issue you can prove that as a norm you are doing more than you are actually required to…..
PS – does anyone know how internet agents can do it when if they haven’t met their client they can’t even confirm the ID is them?
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At the same webinar online agents specifically were mentioned by the presenter, if I remember correctly, it was stated that enhanced due diligence would be required, such as obtaining certified copies of documents.
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Hi- We use enhanced aml checks offered to the nextwork of Team agents but can also be used by the white label option of open door conveyancing. All you need is a copy of a driving licence or passport. You tick a form to say you have not seen the client and they do a AML check which is accepted by many solicitors as ID. If you use the conveyaning option its free to clients or you can do a one off for 12.50 per person + vat.
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I’ve touched on this subject before about web only portals being a breeding ground for fraudsters but can someone tell me how on earth they are going to check on buyers, as they don’t meet them and arguably do not have the time to do thorough checks?
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