Estate Agent Hid Property Defects in Poland — What Can You Do?

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.

You bought a flat in Poland through an estate agent, and it later turned out to have damp, mould, or some other problem the agent should have known about. Can you claim compensation? Yes — an estate agent (pośrednik) is required to disclose defects they know about. If they don't, they can be held liable.

Below we explain which defects an agent must disclose, which articles of the Civil Code protect you, how to prove negligence, and what claims you can bring.

The agent's duty to disclose known defects

Poland's Real Estate Management Act (ustawa o gospodarce nieruchomościami, ugn) doesn't spell out a disclosure duty in so many words, but it follows from:

1. General principles of the Civil Code (Kodeks cywilny, KC) — a duty to inform in commercial dealings, particularly in sales.
2. The nature of "intermediation" itself — an agent supports both sides of a transaction, which means they must act fairly towards both.
3. Good practice/fair dealing — Article 5 KC: everyone is required to exercise their rights and perform their obligations in line with the principles of social coexistence and the socio-economic purpose of the right.

In practice, an agent should know about and disclose:

• Damp, moisture ingress, mould (visible on a viewing).
• Title problems (mortgages, charges) — checkable in the księga wieczysta (the land and mortgage register, Poland's public register of title and encumbrances).
• Restricted or no access to the property.
• Location next to a motorway, railway line, or other nuisance (noise, fumes).
• A history of accidents, flooding, or land subsidence (if the agent is aware of it).
• Problems with utilities (gas, water, drainage) — if these were visible to the agent.

⚠️ Note: An agent isn't expected to know everything — for example, hidden wiring defects inside a wall, if they aren't a qualified electrician. But for things they should have known because of their professional role, they are.

Liability under Article 471 KC — breach of obligation

Article 471 KC provides, in substance, that if a debtor fails to perform an obligation, the creditor may claim compensation for the resulting loss.

Applied to an agent: - The agent's obligation includes disclosing known defects — this follows from the agency agreement and from standard commercial practice. - Breach — the agent knows about a defect but fails to disclose it. - Loss — the buyer spends money on repairs that could have been avoided had they known about the defect; this can be the cost shown on a repair invoice, or the drop in the property's value.

Limitation period: 3 years from when you became aware of the loss.

Tort claim — Article 415 KC — deliberate misrepresentation

Article 415 KC is Poland's general tort provision (a "wrongful act", czyn niedozwolony). If the agent deliberately concealed a defect — not merely careless, but knowingly acting against your interests — you can claim compensation on this basis instead.

Example: the agent knows the property has damp, has seen it, but tells the buyer "everything's fine" or simply says nothing. That is deliberate misrepresentation.

Difference from Article 471: - Article 471 — breach of an obligation (can involve mere carelessness or passivity). - Article 415 — a wrongful act involving intent or conscious disregard of the risk of harm.

Limitation period: 3 years from the day you learned of the event.

How to prove the agent should have known about the defect

This is the crux of the matter — you need to show that:

1. The defect existed at the time the sale contract was signed — usually via a surveyor's or property inspector's report, or an expert opinion (e.g. from a plumber or electrician).
2. The agent knew, or should have known — via: - Their own viewings of the property (if they visited, they should have seen the defect). - Documents they held (e.g. earlier condition reports). - Correspondence (if the buyer had already flagged the problem). - General knowledge of the property (e.g. if the agency has handled the property for years, it should know its history).

Evidence — what to gather and how to keep it

If you suspect the agent concealed a defect:

1. A property inspector's report — commission a new report documenting the current condition. A report from before the purchase would be ideal, but even one obtained now (years after the purchase) can help establish that the defect existed earlier.
2. Repair invoices — keep a record of every amount spent on repairs. This gives you a concrete figure to bring before the court.
3. Expert opinions — a plumber's or electrician's confirmation that the defect had existed for a long time is strong evidence.
4. Correspondence with the agent — collect all emails and text messages where the defect was discussed. If the agent never mentioned it, that can itself be evidence of negligence.
5. Photographs — document the defects with dated photos.
6. Witnesses — if someone accompanied you on the viewing (a friend or family member), they may be able to confirm what the agent said.

Seller vs agent — who is liable?

An important question: can you claim compensation from the agent, from the seller, or both?

Answer: from both, but on different legal bases.

• The seller — liable under the statutory warranty for defects (rękojmia) — if the property has defects, the buyer can seek a price reduction or damages from the seller (Articles 556–558 KC, and Article 23 of Poland's consumer protection legislation, where applicable).
• The agent — liable under Article 471 KC (breach of the agency agreement) or Article 415 KC (tort), if they knew about the defect and failed to disclose it.

In practice: a seller acting in good faith usually doesn't know about defects, whereas an agent has a "professional duty" to know about them. If the agent was involved in the sale and the seller relied on them, the agent's exposure is even greater.

⚠️ Caution: if the agent acted only for the buyer's sideLetter before claim — send the agent a registered letter demanding compensation, setting out the basis for the claim and giving them a deadline to respond (typically 30 days). 2. Claim to the insurer — Polish estate agents must hold professional indemnity insurance (OC); you can submit a claim directly to the insurer, who will then represent the agent. 3. Court proceedings — if a settlement isn't reached, you can bring a claim for damages under Article 471 KC or Article 415 KC before the Polish courts.

Frequently asked questions (FAQ)

Is the agent liable for every defect? No — only for defects they knew about, or should have known about. If a defect was entirely hidden (for example, a fault in wiring buried inside a wall), the agent normally isn't liable, unless there was a reason for them to have checked it.

Can I claim compensation from the agent as the buyer? Yes, if the agent knew about the defect and failed to disclose it. If the agent was acting on your behalf (helping with negotiations, supporting the purchase), they owe you a particular duty of care.

What if the agent was acting only for the seller? Their liability towards you may be more limited — if they acted only for the seller, they may have had less direct interest in your position. But if they knew about the defects, they should still have disclosed them.

How long do I have to bring a claim? 3 years from when you became aware of the defect. In practice: once a problem surfaces, don't wait years — gather your evidence and act promptly.

Can I bring a claim against both the seller and the agent? Yes, both can be defendants in the same proceedings. The court can award compensation against either one, or against both jointly, if both are found to be at fault.