If an agent believes a client is acting suspiciously, the agent may decide not to proceed with the transaction.

If the transaction proceeds, the agent may be guilty of an offence under the Proceeds of Crime Act if the client has used criminal assets as part of the transaction.

A defence under the Act is to submit a suspicious activity report (SAR) and seek permission to undertake the transaction.

An unregulated business may not be required by law to submit a SAR, but should still consider doing so as part of a broader ethical obligation.

After a successful prosecution for criminal activity, the court can require an agent and landlord to repay any money received as proceeds from the crime.

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