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Sectors · Real estate

AML/CTF for real estate agents: what is caught, and why both sides are your customer

Real estate has its own designated services in Table 5. For an agency sale, both seller and buyer are customers under the Act, but their CDD timing can differ. This guide shows how the service works.

Quick answer

Sales are caught. Rent rolls are not.

For a Table 5 item 1 agency sale, the Act identifies both seller and buyer as customers. The workflow starts for each side at different points, so the timing matters.

Whether your business is a reporting entity depends on the designated services you provide — not on having an ABN or being based in Australia. Check AUSTRAC’s sector guidance, and seek professional advice for your situation.

The full guide

AML checks for real estate agents: both sides of the deal

When the checks start for vendors, buyers and buyer’s agents, how auctions change the timing, and what to keep on file.

Read it
Agency work, sorted

Which agency work is caught

The “Where” column shows whether each row is a designated service, an exclusion in the Act or an example from AUSTRAC’s guidance. Caught rows link to the article that covers them in full.

Which agency work is caught
The workCaught?Where
Brokering a sale, purchase or transfer of real estateCaughtTable 5, item 1
Acting as a buyer’s agent to find and secure a propertyCaughtTable 5, item 1
A developer selling its own stock without an independent agentCaughtTable 5, item 2
Marketing a property under a signed selling-agency agreementCaughtTable 5, item 1 — the seller-side service has started
Property management and collecting rentNot caughtNo sale, purchase or transfer
Appraising a property for an owner who does not sellNot caughtNo transaction
The legislation

Table 5, in the Act’s own words

Real estate sits in its own table — Table 5 of section 6(5A) — not in Table 6 with the other professions.

The Act — s 6(5A) table 5, item 1

“brokering the sale, purchase or transfer of real estate on behalf of a buyer, seller, transferee or transferor in the course of carrying on a business”

Customer: both: (a) the seller or transferor; and (b) the buyer or transferee. Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), s 6(5A) — table 5.

The Act — s 6(5A) table 5, item 2

“selling or transferring real estate in the course of carrying on a business selling real estate, where the sale or transfer is not brokered by an independent real estate agent”

Customer: the buyer or transferee. Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), s 6(5A) — table 5.

What is different about agents

Two customers on every sale

Two customers

For Table 5 item 1, both seller and buyer are customers: the Act names “both: (a) the seller or transferor; and (b) the buyer or transferee”. A selling agent has customer due diligence obligations towards the buyer it never acted for.

Different timing

A seller’s agent starts with the seller when the selling-agency agreement is signed, and with the buyer when the sale is reasonably expected to proceed. At auction, do the vendor’s checks before the campaign starts; the winning bidder is the harder case, and the agent guide sets out the timing.
See it in Lex-AML

Watch the full user journey

Lex-Brisbane Realty, a fictional Brisbane agency, sells Margaret Wilson’s home to David Nguyen. Sarah Mitchell, the agency’s AML/CTF compliance officer, runs the matter in the Lex-AML Organisation Workspace; Margaret and David only use the Customer Portal.

Or watch it in six short parts

  1. IntroWhen selling a home becomes a designated service2:07
  2. Part 1The agency’s AML/CTF program1:27
  3. Part 2The sale: the service and the customers1:17
  4. Part 3Customer onboarding in the portal3:13
  5. Part 4Identity, PEP, sanctions, risk and the decision2:30
  6. Part 5One completed, reviewable record1:20
The whole series on YouTube

One example of how a matter in a real estate agency can run in Lex-AML, which is configured around each organisation’s own AML/CTF program. The business and its customers are fictional, the identity and screening checks use demo providers, and no real customer information is shown. The organisation makes every customer due diligence decision. Not legal advice.

What follows

What an agency has to do

In the order the Act sets them, once the business provides a designated service.

See how the AML/CTF program fits together →

If this is work you do

Which of these services does your firm provide?

Lex-AML starts by recording the designated services your firm actually provides, then helps you organise your AML/CTF program, customer due diligence and audit trail around them.

Watch

Real estate agents: what the law actually asks

The Table 5 service that can bring real-estate agency work into the regime.

Read the transcript, with the law quoted
Questions

AML/CTF for real estate agents: common questions

Are real estate agents covered by the AML/CTF Act?
Yes. From 1 July 2026, brokering the sale, purchase or transfer of real estate in the course of carrying on a business is a designated service under item 1 of Table 5 in section 6(5A).
Who is the customer — the vendor or the buyer?
Both. Item 1 of Table 5 names the seller or transferor and the buyer or transferee as the customer. A selling agent has obligations towards the buyer as well as the vendor.
Is property management caught?
No. Property management and collecting rent involve no sale, purchase or transfer of real estate, so they are not item 1.
Are property developers caught?
Item 2 of Table 5 catches a business that sells or transfers its own real estate where the sale is not brokered by an independent real estate agent. Where an independent agent brokers it, the agent carries the item 1 obligations.
What does an agency have to do first?
Before first providing a designated service, have the required ML/TF risk assessment and AML/CTF policies in place and complete initial customer due diligence unless a lawful exception applies. If the business is not already enrolled, it must apply to enrol with AUSTRAC within 28 days after it starts providing the service, and designate an AML/CTF compliance officer within the same period if it has not already. Ongoing customer due diligence, suspicious matter reporting and record keeping continue after that.

Sources

Where every figure here comes from

Data as at 13 October 2026.

  1. Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) — s 6(5A) table 5 · Federal Register of Legislation
  2. Real estate · AUSTRAC

Lex-AML supports compliance workflows and record keeping. It does not provide legal advice, does not guarantee compliance, and does not replace professional judgement or advice from a qualified AML/CTF adviser or legal professional.