
← The Property Corner with Rowan Alexander28 Sept · 13 min
Can the Government Make You Comply With BEE to Sell Your Property?
<p><strong>Can the government decide which estate agent you’re allowed to use?</strong></p><p><br></p><p>A recent Pretoria High Court judgment has thrown a major question into South Africa’s property industry: what happens when BEE compliance becomes linked to an estate agent’s legal ability to operate?</p><p><br></p><p>The court declared part of the Property Practitioners Act unconstitutional and invalid, not because BEE itself is unconstitutional, but because the legislation failed to provide sufficient clarity around what constitutes a valid BEE certificate.</p><p><br></p><p>So what does this actually mean for estate agents, homeowners, sellers, investors and developers?</p><p><br></p><p>Could government regulation indirectly limit your choice of property practitioner? What happens next? And where should the line be drawn between transformation, regulation, competition and consumer choice?</p><p><br></p><p>Rowan Alexander unpacks the judgment, what it means right now, and why this could be much bigger than an estate agent regulatory dispute.</p><p><br></p><p><strong>This isn’t just about agents. It could affect who you’re legally allowed to choose when you sell your property.</strong></p><p><br></p><p><em>Should government be able to determine which estate agents you are legally allowed to use by making a particular transformation certification a condition of the agent's right to practise?</em> <strong>Watch the latest episode on The Property Corner YouTube channel and let me know what you think.</strong></p><p><br></p><p>In this episode:</p><p>00:00 Introduction<br>02:38 What actually happened?<br>03:38 The court didn't say BEE is unconstitutional.<br>04:57 What does this mean if you’re selling your house?<br>06:22 So, here’s the question I want to ask you.<br>06:58 What the court did and what it means for estate agents right now.<br>07:50 But let's be fair: why does the state want this?<br>08:53 The big question: what happens next?<br>09:34 Another interesting part of the judgment.<br>10:31 So, where do I stand on this?<br>11:19 A question I want to leave you with.</p><p><br></p><p>#PropertyCorner #PropertyLaw #BEE #EstateAgents #SouthAfricanProperty</p><p><br></p><p>Subscribe to us on your favourite podcast platform : </p><p>Youtube: http://youtube.com/@propertycornerza</p><p>Spotify: https://shorturl.at/horJT</p><p>Apple Podcasts: https://shorturl.at/alFG7</p><p><br></p>