This thesis examines the role of real estate agents in the prevention of money laundering, with a particular focus on the legal responsibilities and obligations outlined in the Swedish Anti Money Laundering Act (2017:630) and other relevant regulatory frameworks. In light of increasing concerns surrounding financial crime and the inherent risks of the real estate market, the study highlights the agent's duty to detect and prevent such illicit activities.
The study is guided by two central research questions: whether real estate agents, through their professional duties, can effectively counteract money laundering, and what specific challenges the real estate sector poses in this context. Using a legal doctrinal method, supplemented by case law and supervisory authority decisions, the research explores the functioning of the current legal framework and its real-world application in the real estate profession. Key areas of focus include the implementation of customer due diligence, identification of politically exposed persons (PEPs), and the legal duty to report suspicious transactions.
Through an analysis of real-world cases and regulatory oversight, the thesis reveals the complex challenges agents face in balancing legal compliance with their intermediary role between buyer and seller. Furthermore, it explores the ethical dilemmas agents may encounter when dealing with clients suspected of criminal activity, particularly the tension between maintaining client relationships and fulfilling statutory obligations especially in cases where suspicion exists, but concrete evidence is lacking. These dilemmas often require a delicate balance between professional integrity and legal duty.
The thesis also investigates the role of Mäklarsamfundet, which supports agents through education and compliance guidance, as well as the role of the FMI as a supervisory authority, with a particular focus on its thematic inspections. Despite legal obligations, a gap remains in the application of the rules, suggesting the need for clearer guidance and unified supervision.
Finally, the thesis highlights broader systemic challenges in the context of money laundering, such as the use of real estate for "storing" illicit funds through inflated property values or manipulation of down payments. These practices underscore the need for stronger monitoring mechanisms and enhanced cooperation between regulatory bodies to effectively combat money laundering in the real estate sector.
2025. , p. 40