Real estate intermediaries

When the obligation applies

Real estate intermediation for sales and other real estate contracts.
For leases, subleases and usufructuary leases only where monthly payment, monthly revenue share or their sum is at least EUR 10,000.

Exceptions and important distinctions

Do not substitute commission or an arbitrary number of months for monthly consideration.
Accommodation alone is not this type of real estate contract.
Read the category with section 2(3): the activity must form part of the business, subject to statutory exceptions for non-business legal entities, lawyer partners and the specified trust activity.

From first engagement to retention

Read this workflow with the scope and exceptions for this profession. Evidence of a measure follows its actual performance.

01 · Before offering the service

Distinguish sales and lettings

Record the actual activity. The EUR 10,000 monthly threshold concerns specified letting, subletting or lease brokerage; it is not a general exemption for property sales.

Evidence: Contract type, price, any conversion and classification.

§ 2 odst. 1 písm. d), § 54

Real estate intermediary: selling a property →Real estate leases: when AML applies →Open working template

02 · Before the relevant action

Map both sides and their representatives

For a purchase do not limit checks to the party paying commission. Establish seller, buyer, representatives and entity-owner roles; set the required completion time for each measure.

Evidence: Case timeline, people, authority and methods actually performed.

§ 4 odst. 4, § 7–9

New customers: from initial information to documented due diligence →Legal entities and their representatives →Open working template

03 · Before proceeding

Connect price, purpose and funding

Separate loans and own funds, explain gifts or another person’s payment. Seek specific evidence for inconsistencies; escrow or bank involvement alone does not complete your checks.

Evidence: Proportionate evidence for funding sources and discrepancy assessment.

§ 9, § 9a, § 15

Source of funds and source of wealth: two different questions →Politically exposed persons: direct PEPs and persons connected to them →Open working template

04 · During the transaction

Reassess changed parties or payment

A change in buyer, account or third-party payer before settlement is more than an administrative edit. For a sanctions alert assess identity, ownership, control and the actual prohibition.

Evidence: Change record, current evidence and reasons for the next action.

§ 9, § 18; zákon 69/2006 Sb.

The EU consolidated financial sanctions list →Ownership and control by a designated person →Client updates and refusal: changes and missing cooperation →Open working template

05 · After settlement or refusal

Retain a traceable history

Retain measures performed, any refusal reasoning and relevant communications. Separate internal suspicion from client documents. Set retention according to transaction or relationship type.

Evidence: Final decision, annex list, starting date and access roles.

§ 16, § 38

How to retain and securely transfer AML evidence →Suspicious-transaction reporting and professional differences →Open working template

Prepare client information in the AML form →

Supervision and legal basis

FAÚ.

§ 2 odst. 1 písm. d) bod 2 ↗