Estate Agents in Poland: Duties, Insurance and Your Rights as a Buyer

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.

An estate agent (pośrednik nieruchomości) is someone who, for a commission, brings a seller and a buyer together and supports both sides through the transaction. Since 2014 the profession has been deregulated in Poland — no professional licence or specific qualification is required. That doesn't mean an agent can do as they please, though. Agents still carry real legal duties, above all a duty to disclose information and mandatory liability insurance.

So how do you check whether an agent is actually doing their job properly? And what can you do if an agent misleads you or cuts corners? Here's what you need to know.

Who counts as an estate agent under Polish law

The estate agent is defined in Article 179a of the Act of 21 August 1997 on Real Estate Management (ustawa o gospodarce nieruchomościami, "ugn"). Under this provision, an estate agent is a natural or legal person who professionally carries out property intermediation activities, which in practice means:

• finding a buyer, seller or tenant on behalf of a property owner,
• organising and supporting negotiations,
• helping with the paperwork (as an assisting role, not a substitute for the notary).

Important: an agent does not draw up notarial deeds — that's the job of the notariusz (a civil-law notary, ≠ a UK notary public, and closer in function to a conveyancing solicitor for the deed itself). Nor does an agent give legal advice — that's the role of an adwokat or radca prawny (Polish advocate or legal counsel). At heart, an estate agent is a salesperson who earns a commission on the deal.

The 2014 deregulation: no licence, but insurance is compulsory

Since 2014, the estate agency profession in Poland has been deregulated. The reform followed the government's view that licensing requirements created artificial barriers to entry. Today anyone — a natural person or a company — can call themselves an estate agent without:

• sitting a professional exam,
• holding a specific qualification,
• being entered on a register,
• being approved by a supervisory body.

That sounds alarming, but there's one key condition. Article 180a ugn (together with the Minister of Finance's regulation of 19 October 2015) requires every agent to hold a professional liability insurance policy (OC). The cover must extend to losses the agent causes clients while carrying out intermediation work.

In practice: an agent without OC insurance shouldn't be trading at all — it's a breach of the law. And if an agent causes you a loss (for example, by concealing defects in a property), the insurance policy is what pays out compensation. See our related article on agent liability and OC cover.

What an agent should be doing: their core duties

Agents have a set of duties arising from Article 180 ugn and the Polish Civil Code (Kodeks cywilny, "KC"). Here are the key ones.

1. A written contract (Article 180(3) ugn)

If you engage an agent, the contract must be in writing or in electronic form — a verbal understanding is not enough. The contract should specify:

• which property the agent will represent,
• the scope of their duties,
• the commission amount and when it's payable,
• how long the contract runs and the terms for ending it.

Without a written contract, you can end up at a disadvantage if the agent later claims a commission — a court will have to look for evidence a contract existed at all (emails, messages, witnesses).

2. Duty to disclose known defects

An agent must disclose any defect they know about to a prospective buyer. If the agent knows (or ought to know) that a property has a problem — for example:

• damp, mould, water ingress,
• title issues (charges, mortgages),
• lack of access or restricted use,
• proximity to a railway line or motorway,

— and fails to disclose it, they can be held liable under Article 471 KC for failing to perform their obligations, or under Article 415 KC for a tort (if the concealment was deliberate).

3. Basic due diligence on the property

At a minimum, an agent should:

• view the property,
• carry out an initial check of the available documents (title deed, ownership documents),
• confirm the seller actually has the right to sell (is the genuine owner),
• flag any obvious defects.

A competent agent doesn't wait for the buyer to discover on their own that a property is mortgaged or that a neighbour has a right of way over it.

4. Handling paperwork as a supporting role

An agent should:

• help prepare the paperwork ahead of the notary appointment,
• help organise the documents needed (utility transfers etc.),
• support price and terms negotiations,
• stay out of the legal side of the transaction — that's the notary's job.

What an agent must NOT do

Keep these boundaries in mind:

• Not a notary — cannot sign a notarial deed or witness signatures.
• Not a lawyer — cannot advise on disputes or represent you in court.
• Cannot act without a contract — if there's no written agreement and the agent demands a commission, you have grounds to push back.
• Cannot act without OC insurance — trading without cover is a serious breach.
• Cannot claim sole-agency rights without a clear written contract — Article 180 requires the written form.

How to vet an agent in practice: a checklist

Before signing anything with an estate agent:

1. Written contract — insist on it; a verbal arrangement isn't enough.
2. OC insurance — ask for the policy number and verify it with the insurer.
3. Scope of work — pin down exactly what the agent will do (viewings, negotiation, paperwork).
4. Commission — agree the amount (as a % of price), when it's due, and what it's calculated on (full price, both sides, or seller only).
5. References — ask about previous transactions and compare with other agencies.
6. Copies of documents — request copies of the contract, the OC policy, and proof of registration.

Checking an agent from the UK

If you live in England and are selling a flat in Poland, you can run the whole transaction remotely. When choosing an agent:

• Speak to them in Polish where possible — not every English-speaking agent knows Polish procedures inside out.
• Verify everything by email — ask for the documents (contract, OC policy, references); it can all be done electronically.
• Power of attorney — if the agent is to act on your behalf, give them written authorisation in whatever form they require (a signed email is often enough).
• Ask around — it may sound unusual, but asking previous sellers whether the agency was straightforward with them is a useful check.

Agent liability for negligence

If an agent:

• concealed defects in the property — you have a claim for damages (Article 471 KC for breach of contract, Article 415 KC for a tort).
• traded without OC cover — the insurance won't pay out, but you can sue the agent and the agency's owner directly.
• claimed a commission when no transaction took place — you can defend yourself by requiring proof a contract existed and of the agent's actual role.
• caused an error in the contract terms (e.g. the wrong price) — you may have a claim against the agent (if they were negligent) and against the notary (if the notary failed to check it).

Limitation period: claims under Article 471 KC are subject to a 3-year limitation period from when you became aware of the loss. For Article 415 KC (tort), it's 3 years from the event.

Frequently Asked Questions

Does an estate agent need a licence? No — a licence hasn't been required since 2014. But the agent must hold mandatory liability insurance (OC), as required under the Ministry of Finance's regulation. An agent without OC cover is trading unlawfully.

What can I do if an agent concealed defects in a property? You're entitled to compensation. Submit a written claim to the agent (setting out your reasoning and evidence of the defect), then to their insurer (you'll find the OC policy number from the agent or the agency). If the insurer refuses, you can sue the agent in court.

Can I cancel a contract with an agent without giving a reason? The contract should set out the termination terms. As a rule, if it includes a sole-agency clause and runs for a fixed term, there may be restrictions. Always read the contract carefully before signing.

How do I push back if an agent demands a commission but no transaction ever happened? Ask them to prove they actually contributed to finding the buyer. If you found the buyer yourself, you can argue the contract wasn't fulfilled. This comes down to the facts of the case — what matters is the wording of the contract and the evidence (correspondence, listings, and so on).

Can an agent take a commission from both the buyer and the seller? Yes, but they must disclose this clearly — the contract should state it. If an agent hid the fact that they were taking a commission from both sides, that could amount to a tort (misleading conduct).

Do I need a lawyer if I have a dispute with an agent? It's always worth taking legal advice before you act. Straightforward cases (recovering a wrongly charged commission) may be resolved without a full court process.