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private house sale

I have recently put my house on facebook to sell it. I was on the market with an online agent but decided to sell it myself.....does anyone know the process i have to go through with regard to money laundering rules?....as i am selling my own house, does that mean i am acting as my own agent and therefore have to conform with the same regulations as an estate agent?....can anyone help me out please as this was the advice i was given by a high street agent in Norwich earlier this week. Thanks in advance...

Comments

  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    It's not the EA that checks this, it's the solicitors.

    As you will still be using a solicitor then they will have to do the checks.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 16 March 2018 at 8:34PM
    Slithery wrote: »
    It's not the EA that checks this, it's the solicitors.

    As you will still be using a solicitor then they will have to do the checks.
    You cannot assume the OP will be using a solicitor.

    DIY marketing. DIY conveyancing.

    No, you are not bound by estate agent's obligations.

    Similarly,
    Under the Proceeds of Crime Act 2002 solicitors, along with other professionals, are under a legal obligation to take reasonable steps to ensure that their firms client accounts are not used by criminals for the purpose of laundering money earned through illegal activities.
    http://www.hip-consultant.co.uk/blog/money-laundering-requirements-in-conveyancing-transactions-123/

    edit: actually having briefly looked at the Act itself, I'm not sure a DIY conveyancer would not also have an obligation to undertake money-laundering checks.

    The Act refers sometimes to 'deposit-taking bodies' and sometimes to 'persons'. A DIY conveyancer would be a 'person'.
  • teddysmum
    teddysmum Posts: 9,529 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It was over 20 years ago, but my sister and I advertised our late father's home (poster in window) and did not use a solicitor. I drafted the documents, with the help of a library book and the buyers' solicitor just asked me to make a few minor amendments, which were just for clarity. We didn't have to do anything else.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    teddysmum wrote: »
    It was over 20 years ago, but my sister and I .....
    Yes but the Proceeds of Crime Act 2002 came into forcemore recently than that.

    You see, 2018, minus 20 years, takes us back to errrr... well... let's see....
  • Tom99
    Tom99 Posts: 5,371 Forumite
    1,000 Posts Second Anniversary
    [FONT=Verdana, sans-serif]If the OP did their own conveyancing I doubt their buyers solicitor would allow them to hold the 10% deposit, like their own solicitor would.[/FONT]
    [FONT=Verdana, sans-serif]When I did this I had to agree to the buyer's solicitor holding the deposit but on my behalf.[/FONT]
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Tom99 wrote: »
    [FONT=Verdana, sans-serif]If the OP did their own conveyancing I doubt their buyers solicitor would allow them to hold the 10% deposit, like their own solicitor would.[/FONT]
    [FONT=Verdana, sans-serif]When I did this I had to agree to the buyer's solicitor holding the deposit but on my behalf.[/FONT]
    Simultaneous Exchange and Completion?

    I've done that on a sale.
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