Estate Agent Liability in Poland: Why Their OC Insurance Matters to You

This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances, and the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

Every estate agent (pośrednik nieruchomości) operating in Poland is legally required to hold civil liability insurance — known as OC (odpowiedzialność cywilna, "civil liability"). This isn't a box-ticking formality — it's your protection. If an agent causes you financial loss through negligence or misconduct, their OC policy covers the compensation, up to the policy limit. Below we explain how the insurance works, how to check whether an agent actually has cover, and how to make a claim.

Mandatory OC cover (Ministry of Finance regulation)

Article 180a of the Polish Real Estate Management Act (ustawa o gospodarce nieruchomościami, ugn) states plainly:

"An estate agent is obliged to hold a civil liability insurance contract."

The detailed requirements are set out in the Ministry of Finance regulation of 19 October 2015 on the minimum requirements for estate agents' civil liability insurance. The key points are:

1. Mandatory for every agent — whether working solo or through an agency.
2. Minimum sum insured — usually PLN 100,000 per claim and PLN 300,000 in aggregate per year (though it can be higher).
3. The policy must cover — damage caused to clients in the course of intermediary work.
4. The policy must be live — a signed contract with an insurer isn't enough; cover must actually be in force.

If an agent is trading without OC cover, this is a serious breach of the law — you can even report it to the trading standards authority (inspekcja handlowa).

What the agent's OC policy typically covers

A standard OC policy for a Polish estate agent covers damage caused to:

• Buyers/sellers — for example, if the agent misrepresented the property, concealed defects, or caused an error in the contract.
• Losses arising from the agent's conduct — incomplete information, errors in documentation, leading to financial loss.
• Property/assets — for example, if the agent lost or destroyed documents, or lost the keys to a property.

What it usually does NOT cover: - Disputes over the agent's commission (that's a contractual matter, not "damage" in the insurance sense). - Acts of the notary (notariusz — a civil-law notary, ≠ a UK notary public; they carry their own separate liability insurance). - Legal advice given by the agent (agents shouldn't be giving legal advice in the first place).

How to make a claim against the agent's insurer

If an agent has caused you a loss:

1. Get the policy number — ask the agent for their OC policy number and the name of the insurer. If they refuse, treat that as a red flag.
2. Gather evidence — invoices, property inspection reports, expert opinions, and correspondence with the agent.
3. Send a formal notification — a registered letter to the insurer including: - A description of the incident (what the agent did, when, where). - The amount of the loss (how much you lost financially). - Supporting documents (evidence, invoices).
4. Response deadline — the insurer must normally respond within 30 days, or request further information.
5. Negotiating compensation — if the insurer accepts the claim, you negotiate the amount. If they refuse, you can sue — either the agent, the insurer, or both.

What to do if the agent has no OC cover

This is a serious problem. If the agent:

• Has no policy — this is a breach of Article 180a ugn.
• Let the policy lapse — the agent should have renewed it; if they didn't, they are personally liable.
• No current insurer to notify — you may still be able to make a claim against a previous insurer, if the agent held cover with them earlier.

Your options:

1. Sue the agent directly — if the agent has no OC, you can bring a claim against them personally for damages, based on Article 415 of the Civil Code (tort/delict) or Article 471 of the Civil Code (breach of an obligation). The practical difficulty: where do you recover the money from, if the agent is insolvent?
2. Report to the authorities — you can notify trading standards (inspekcja handlowa) or the prosecutor's office that the agent is operating without OC cover. This is a breach of the law.
3. Check for a previous insurer — if the agent held OC cover in the past, check whether the loss occurred while that earlier policy was still in force.

How to check whether an agent has OC cover

Before you sign anything:

1. Ask directly — request a document confirming the OC policy is currently valid.
2. Check with the insurer — you can call the insurer (commonly Allianz, Generali, or AXA in Poland) and ask whether the policy is active.
3. Check the contract paperwork — the policy details should be attached to the intermediary agreement (Article 180a requires these terms to be available to clients).
4. Check any register — some professional bodies maintain registers of estate agents; it's worth checking there too.

Does the agency owner answer for the agent's mistakes?

If an agent works on behalf of an agency or company, does the agency answer for the agent's errors?

The answer: generally, yes.

• Article 474 of the Civil Code — an employer is liable for an employee, or for a person acting on their instructions.
• If the individual agent holds OC cover, that policy covers damage caused by them in the course of their professional work.
• If the individual agent has no OC cover but the agency does, the agency's policy will usually respond (subject to its terms).

In practice, always ask for the OC details of the agency itself (rather than the individual agent), because agency-level cover is usually broader and more reliable.

Frequently asked questions (FAQ)

How do I check an agent's OC policy number? Ask the agent or agency directly. It should be stated in the agreement or provided as an attachment. If they refuse to disclose it, don't work with that agency.

What if the loss is higher than the sum insured? If the policy limit is PLN 100,000 and your loss is PLN 150,000, the insurer will pay out PLN 100,000. You can pursue the agent personally for the remaining PLN 50,000 (though this is difficult if they're insolvent).

Does the agency owner answer for the individual agent? Yes — an employer (the agency) is liable for its employee. If an agent causes you a loss, you can direct your claim at the agency (which holds OC cover) or directly at the insurer.

Can I get compensation from the insurer without going to court? Yes — if the insurer accepts the claim, they will pay without any court process. If they refuse, you will need to sue.

How long do I have to claim compensation? The limitation period is 3 years from the date you became aware of the loss. The insurer typically has 30 days to respond to a notification.