Verhinderung des Zuflusses illegaler Gelder
AML steht für Anti-Geldwäsche. AML checks are a set of procedures that regulated entities, including real estate agents, are legally required to perform to help prevent criminal proceeds from being legitimated through their business. In the context of real estate, this is primarily focused on property sales, where large sums of money change hands. An agent in a sale transaction is required to report any unusual or suspicious transactions, such as a buyer attempting to pay a large portion of the purchase price in cash or from an obscure source.
Ein Vermieterproblem, eine Belastung für den Mieter
While AML regulations are aimed at sales, an overzealous real estate agent or a large institutional landlord may improperly extend similar scrutiny to high-value rental transactions. This is particularly true for properties in the exclusive segment (e.g., rents of €10,000+ per month), where the annual rent can represent a substantial sum of money. A tenant in this segment might be subjected to questions or checks regarding the Herkunft der Mittel for paying the large deposit or several months' rent in advance. From a tenant's perspective, this is a significant overreach. The risk of money laundering in a standard rental transaction (where rent is paid monthly from a regular bank account) is extremely low. The application of AML-style scrutiny to a tenant is often a case of the real estate firm applying a blunt, one-size-fits-all compliance policy. It shifts their regulatory burden onto the tenant through intrusive and legally questionable demands that go far beyond what is necessary to establish a normal tenancy.