The new AML laws for WA property sellers mean real estate agents, settlement agents and some other professionals may need more information before completing a sale. Sellers should expect identity and authority checks, questions about ownership structures and closer attention to unusual payment directions. Providing accurate documents early can help prevent avoidable delays.
Key takeaways
- From 1 July 2026, AML/CTF obligations apply to designated real estate and conveyancing services used in WA property sales.
- An individual seller may be asked for their legal name, date of birth, residential address and reliable identification.
- Companies, trusts, attorneys and deceased estates usually require extra documents showing ownership, control and authority.
- Source-of-funds and source-of-wealth enquiries are risk-based, so every seller will not receive the same request.
- Directing sale proceeds to an unrelated third party can prompt further checks.
What do the new AML laws for WA property sellers change?
From 1 July 2026, Australia expanded its anti-money laundering and counter-terrorism financing regime to designated real estate and conveyancing services. WA sellers may now face formal customer checks from more than one property professional. AML/CTF means anti-money laundering and counter-terrorism financing.
According to AUSTRAC’s real estate guidance, a seller’s agent starts the regulated brokering service when the agency agreement is signed. Conveyancers can also provide designated services when preparing transfer documents and preparing for settlement.
When will a WA seller be asked to complete AML checks?
A WA seller will commonly begin AML checks when appointing the selling agent and may complete further checks with the settlement agent once a transaction exists. Timing depends on the service and stage of the sale, and limited delayed-verification rules may apply.
What information can a WA property seller be asked to provide?
A WA seller can be asked to establish their identity, ownership or control of the property, authority to give instructions and the purpose of the transaction. The exact documents depend on whether the seller is an individual or entity and on the assessed risk.
For an individual, this may include:
- full legal name, date of birth and residential address;
- a current driver’s licence, passport or other reliable identification;
- confirmation of the seller’s interest in the property;
- details of anyone acting for the seller; and
- the purpose and expected nature of the sale.
AUSTRAC’s individual customer guidance also requires regulated businesses to consider whether relevant people are politically exposed persons or subject to targeted financial sanctions.
Will every seller need to prove their source of funds or wealth?
No. Source-of-funds and source-of-wealth checks are risk-based rather than an identical requirement for every seller. A straightforward residential sale may not require extensive financial evidence, while unusual, complex or inconsistent circumstances can lead to more enquiries.
Questions may concern how the property was acquired, a rapid resale, back-to-back transfers or unusual sale-proceeds directions. AUSTRAC’s source-of-funds and source-of-wealth guidance confirms that higher-risk or unusually complex transactions can justify deeper checks.
What if a company or trust owns the property?
A company or trust seller should expect additional checks because the regulated professional must understand the entity, the person giving instructions and the individuals who ultimately own or control it.
For a company, this may include its registered name, ACN or ABN, directors, authorised representative and beneficial owners. A beneficial owner ultimately owns or controls the entity.
For a trust, this may include the trust deed, trustee details and information about relevant controllers. AUSTRAC’s trust guidance explains the people who may need to be identified.
What if an attorney or executor is selling the property?
An attorney, executor or administrator should expect identity and authority checks. Provide the power of attorney or estate documents early. Landgate requires signatories to be identified, including attorneys, executors and administrators.
For a deceased estate, an executor or administrator generally needs a Grant of Probate or Letters of Administration before a transmission application can be lodged. RG Settlements assists with deceased-estate property transfers.
Can sale proceeds be paid into another person’s account?
A direction to pay sale proceeds to another person is not automatically unlawful, but it may require an explanation, verified authority and supporting documents before settlement.
AUSTRAC identifies unrelated third-party sale-proceeds directions as a potential warning sign. Raise them early and verify any bank-detail change through an established contact method.
Why might the agent and settlement agent ask similar questions?
The selling agent and settlement agent may each have AML/CTF obligations. AUSTRAC says that both seller and buyer are customers of the agent who brokers a successful sale. Reliance arrangements may reduce duplication, but one identity check will not always cover every professional.
How can a seller avoid AML-related settlement delays?
Most WA sellers should complete the checks without difficulty. Delays are more likely when names do not match, structures are disclosed late or authority documents are missing. Identify these features early.
- Use your full legal name consistently on the contract, title documents and identification.
- Appoint your settlement agent promptly and answer onboarding requests early.
- Disclose any company, trust, power of attorney, deceased estate or overseas owner immediately.
- Explain any third-party payment or unusual arrangement before settlement approaches.
- Send sensitive documents only through the secure method confirmed by the professional.
RG Settlements is based in Victoria Park and assists sellers throughout Perth and Western Australia with residential selling settlements and e-conveyancing.
Frequently asked questions
Does an AML check mean I am suspected of a crime?
No. Customer due diligence is routine for regulated property services. Further questions do not, by themselves, mean a seller is suspected of wrongdoing.
Is an AML check the same as Landgate verification of identity?
No. Landgate VOI focuses on identity and authority to deal with WA land. AML checks can also consider ownership, representatives, purpose, risk and payment arrangements.
Can a professional stop acting if I do not provide information?
A regulated business may be unable to start or continue a covered service if required checks cannot be completed. Ask what remains outstanding and why.
Do the new laws apply to a private sale without an agent?
A private seller is not automatically providing a regulated brokering service. However, the settlement agent, conveyancer or lawyer assisting with the transfer may still require AML checks.
Need help preparing for your WA property sale?
The new AML laws add compliance steps, but early preparation can keep a WA sale moving. RG Settlements provides calm, plain-English guidance through to electronic settlement.
Contact RG Settlements early, particularly if a company, trust, attorney, deceased estate or unusual payment direction is involved.
This article is general information only and not legal or financial advice. For advice about your specific situation, please get in touch with our team.
About RG Settlements
RG Settlements assists buyers and sellers with property settlement and conveyancing in Perth and Western Australia. Meet our team or request a settlement quote.