The freedom of establishment and free enterprise, alongside the freedom of occupation are two of the fundamental freedoms and rights that are regulated by chapter 2 in the constitution of Sweden. The freedoms and rights are based on the equality principle and for the freedom of establishment and free enterprise, it means that all citizens in society have the same opportunity to compete on an open market under the same circumstances. Limitations of the freedom of establishment and free enterprise can be incorporated into Swedish law due to chapter 2 § 17 in the Swedish constitution, but only to protect urgent public interests.       

The third chapter in the real estate agents act describes the prohibitions that licensed real estate agents in Sweden are limited within the freedom of establishment and free enterprise. A real estate agent is not allowed to act as a buyer for property they are assigned to sell. They are also not allowed to buy or sell property on behalf of a relative or someone else that can be considered having a close relationship to the real estate agent. A real estate agent is prohibited from buying and selling property with the intention to make money or establish any kind of business that might be trust-disordering.   

All prohibitions that limit real estate agents from the freedom of establishment and free enterprise have been incorporated into Swedish law to preserve the trust for real estate agents as impartial intermediaries. In Denmark and Norway real estate agents are not limited to the same extent as they are in Sweden. Despite this, Swedish legislators have considered the importance of maintaining the image of real estate agents to be of urgent public interest so that the prohibitions could be brought in on the basis of the Swedish constitution and convention law from the European Convention on Human Rights.