Why You May Be Asked For More Information When Buying or Selling Property
Understanding The New Anti-Money Laundering Requirements In The Real Estate Industry
If you are planning to buy or sell property,
you may soon find that real estate
professionals are asking for more
information than they have in the past.
This isn't because the process has become
more complicated. Rather, it reflects
significant changes to Australia's Anti-
Money Laundering and Counter-Terrorism
Financing (AML/CTF)
laws, which are expanding to include the
real estate industry from 1 July 2026.
While the changes introduce new
responsibilities for real estate agencies, the
impact on most buyers and sellers should
be relatively straightforward. In many
cases, it will simply become
another part of the property transaction
process, much like signing contracts,
verifying identity, or completing seller
disclosure requirements.
Why Are These Changes Being Introduced?
Australia's AML/CTF framework has existed
for many years and already applies to
industries such as banking and financial
services.
The reforms expand these obligations to
additional industries, including:
Real estate agencies
Buyer’s agents
Lawyers
Conveyancers
Accountants
Dealers in precious metals and stones
The objective is to improve transparency
and help prevent criminal activity,
including money laundering, terrorism
financing, and other financial crimes.
Property transactions often involve
significant sums of money, making the
industry an important part of Australia's
broader efforts to maintain a secure and
transparent financial system.
What Does This Mean For Buyers and Sellers?
For most people, the changes will not
fundamentally alter the buying or selling
experience.
You may be asked to provide additional
information during the transaction process,
including:
Identification documents
Information relating to ownership
structures
Trust or company documentation
Information regarding the source of
funds used for a purchase
Additional supporting documentation
where required
The exact requirements will depend on the
circumstances of the transaction and the
individuals or entities involved.
For example, a property purchased through
a family trust may require different
documentation to a property purchased by
an individual.
Why Is Identification Becoming More Important?
One of the key responsibilities under the
new legislation is for real estate
professionals to better understand who
they are acting for and who is involved in a
transaction. This process is
known as customer due diligence.
In practical terms, it means agencies may
need to verify:
The identity of buyers and sellers
The ownership of companies and
trusts
The individuals behind certain
ownership structures
The source of funds being used in
some transactions
For the vast majority of genuine buyers and
sellers, these checks should be routine and
straightforward.
What About Privacy?
It is understandable that some people may
be concerned about providing additional
personal information.
Importantly, the new requirements are
accompanied by privacy obligations that
place responsibilities on businesses
regarding the collection, storage, and
handling of personal information.
Businesses are generally expected to collect
only the information reasonably required to
meet their obligations and to handle that
information appropriately.
As these requirements become part of
everyday real estate practice, professional
agencies will need to balance compliance
obligations with the privacy expectations of
their clients.
Frequently Asked Questions
What is AML/CTF?
AML/CTF stands for Anti-Money
Laundering and Counter-Terrorism
Financing. These laws are designed to help
detect and prevent financial crime by
requiring businesses to identify
clients, assess risks, and report suspicious
activity where required.
Will all buyers and sellers be affected?
Most buyers and sellers will encounter
some level of additional identification or
verification requirements. However, for the
majority of people, these checks should be
straightforward and become a routine part
of the transaction process.
Will I need to provide identification to a
real estate agent?
In many cases, yes. Agencies may be
required to verify the identity of clients as
part of their AML/CTF obligations.
What if I am purchasing or selling
through a trust or company?
Additional documentation may be required
to verify ownership structures and identify
the individuals associated with those
entities.
Will I be asked where my money is
coming from?
Depending on the circumstances of the
transaction, agencies may need to
understand the source of funds being used
for a purchase. This is a standard part of
AML/CTF compliance and is
intended to support transparency within
the property industry.
How will my personal information be
protected?
Businesses remain subject to privacy
obligations and are generally expected to
collect only information reasonably
required to meet their legal obligations and
to store that information appropriately.
If you have any questions or would like to
discuss what the new requirements mean
for you, please contact
Matthew on: 0493 013 314