Commercial property sales dirted by money laundering

Kent charities are receiving less money
Kent charities are receiving less money

We don't usually associate commercial property sales with money laundering but they can be connected and cause major headaches.

Money laundering has two elements to it - first the 'crime' and second enjoying the 'proceeds'.

Crime is any criminal act; 'proceeds' includes a 'benefit'.

Environmental law creates a number of criminal acts including failure to comply with waste management/control regulations, causing pollution and failure to have an asbestos survey.

Someone who sells property without disclosing such a criminal act - and consequently accepts a price greater than one which would have been agreed had the cost of correcting the fault been part of the equation - takes a 'benefit'.

The same may also occur if there is disclosure but the price is not then adjusted down to reflect the fact.

If a solicitor knows or even suspects money laundering he is required by law to inform the authorities and to cease acting for a client until the matter is settled. He is also forbidden to explain to a client why he has 'gone quiet'.

If this should happen half way through the conveyancing process the results can be disastrous for the seller.

The conveyancing process can be a stand alone sale or part of a larger exercise - for example the sale of a company business which itself owns land.

My advice to sellers is to consider carefully all environmental issues relating to a sale of property early in the planning phase and discuss them openly with their solicitor. And remember - the criminal act may have happened some time ago but won't be considered such until a sale or other disposal takes place.

The problem can also be triggered by the potential buyer and their inquiries and related searches carried out on their behalf during the conveyancing process.

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