Polish Estate Agent Contracts: What to Check Before You Sign

This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances — property type, location, and the exact wording of your contract vary the outcome, and the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

Before you sign a contract with an estate agent (pośrednik nieruchomości) in Poland, read it carefully. Article 180(3) of the Real Estate Management Act (ustawa o gospodarce nieruchomościami, "ugn") requires the contract to be in writing or in electronic form. That's not a mere formality — it's your protection. Below we explain the key elements of the contract, what to watch out for, and where to push back.

Required form: written or electronic (Article 180(3) ugn)

Article 180(3) of the Real Estate Management Act states clearly:

"An estate agency contract may only be concluded in writing or by means of electronic communication."

What does this mean in practice?

• A verbal agreement is not valid — if the agent claims you agreed terms "on a handshake," that can be treated as having no legal effect.
• Email is sufficient — the "electronic form" can be an email with an electronic signature, but Polish practice also accepts an ordinary email, provided the terms are clear.
• Keep a copy — always ask for written confirmation of the contract for your own records.

If the agent is reluctant to sign a contract or "doesn't want the paperwork," treat that as a red flag and look elsewhere.

Key elements — what the contract must cover

A properly drafted Polish estate agency contract should include at least the following:

1. The parties and their contact details

• Full names and addresses of both parties (the seller and the agent).
• Confirmation of whether the agent is acting individually or on behalf of an agency/company.

2. Description of the property

• The exact address (street, house number, flat number).
• Number of rooms and floor area, where relevant.
• Type of property (house, flat, plot of land, commercial unit).
• At minimum, details taken from the title deed or the księga wieczysta (the Polish land and mortgage register — a public register recording ownership and any charges on a property, broadly comparable to HM Land Registry in England and Wales).

3. Scope of the agent's services

The contract should clearly set out what the agent will actually do: - Will they list the property (portals, social media)? - Will they arrange viewings? - Will they conduct price negotiations? - Will they help prepare documents (applications to the notariusz — a civil-law notary who, unlike a UK notary public, drafts and certifies the actual sale deed)? - Will they handle correspondence with buyers on the seller's behalf?

Without this, disputes are common — the agent claims they did everything, while you say the property was never even advertised.

4. Commission amount and payment terms

• A percentage of the sale price (e.g. 3% of the total price) or a fixed fee.
• Whether the commission is payable by one side only or by both the seller and the buyer.
• Crucially: when does the commission actually fall due — only once the sale has genuinely completed, or as soon as the notarial deed (akt notarialny) is signed, or even as soon as the agent merely "found" a prospective buyer?
• Is commission still payable if the deal falls through because of the buyer?

⚠️ Watch out: some contracts contain a trap — wording along the lines of "commission is due once the agent has performed its obligations," which lets the agent demand payment even if the property never actually sells.

5. Duration of the contract

• When the contract takes effect (date of signature).
• How long it runs (e.g. 3 months, 6 months).
• Whether it renews automatically or has to be actively renewed.

6. Termination terms

The contract should clearly set out: - Whether you can terminate it at any time, or only in limited circumstances. - The notice period (e.g. two weeks, one month). - Whether termination releases you from the obligation to pay commission.

The exclusivity clause — what it means and why to be careful

An exclusivity clause (klauzula wyłączności, the Polish equivalent of a UK "sole agency" or "sole selling rights" clause) restricts your ability to use another agent while it's in force. A typical clause reads:

"For the duration of this contract, the seller undertakes not to use the services of any other estate agent."

⚠️ Consequences:

If you sign an exclusive contract with Agency A and then: - Contact Agency B, who finds a buyer → you may still owe commission to Agency A (depending on the exact wording of the contract). - Find a buyer yourselves, with no agent involved → you may still be liable to pay commission to Agency A, again depending on how the clause is drafted.

How to protect yourself:

1. Don't agree to exclusivity without good reason — if you're happy to work with one agency, that's fine, but make sure the contract spells out the terms clearly.
2. If you do accept exclusivity, keep it short — for example, 3 months rather than a full year.
3. Get the exceptions in writing — the contract should say explicitly what happens if you find a buyer yourself (whether you still owe the agent commission).
4. Insist on clear wording — don't rely on assumptions; under Article 65 of the Polish Civil Code (Kodeks cywilny, KC), any ambiguity in how a declaration of intent is interpreted is read in light of the circumstances — so vague drafting can work against you as much as for you.

Consumer protection — contracts signed off business premises

If you signed the contract away from the agency's premises (for example, at your own home), Polish consumer protection law and EU Directive 2011/83/EU on consumer rights may apply.

In that situation:

• You have the right to withdraw from the contract without penalty within 14 days of signing.
• The agent must give you the full text of the contract, not just a summary.
• They cannot pressure you into paying immediately or into signing additional documents on the spot.

Duration and termination — when you can walk away

The contract should clearly specify when it can be terminated:

• Fixed-term contract (e.g. 6 months) — this ends automatically once the term expires, unless it contains an automatic-renewal clause.
• Open-ended contract — as a general rule this should be terminable on one or two weeks' notice; if the contract is silent on this, the general provisions of the Civil Code apply.

⚠️ Watch for the automatic-renewal trap — some contracts provide that once the initial term expires, the contract automatically rolls over for another period unless you notify the agent in advance (often with a surprisingly long notice requirement). Check for this clause before you sign.

What happens if the sale completes after the contract has expired?

This is a common scenario: the contract has expired, but a buyer the agent originally introduced comes back later and completes the purchase. Is commission still owed?

The answer depends on the wording of the contract: - If it says "commission is payable on transactions completed during the term of the contract" → the agent is not entitled to commission if the deed is signed after expiry. - If it says "commission is payable on transactions initiated during the term of the contract" → the agent may have a claim if they can show they were the one who introduced the buyer.

That's why precise wording matters — and the more precise it is in your favour, the better.

Frequently Asked Questions

Can I agree the contract verbally? No — Article 180(3) of the Real Estate Management Act requires written or electronic form. A verbal agreement isn't valid, and you can rely on this lack of proper form if the agent later tries to demand commission.

How long can an exclusivity clause run for? Polish law doesn't set a maximum length, but courts tend to take a seller-friendly view. A one-year exclusivity period is often open to challenge. Try to keep it to around 3 months, or ideally avoid exclusivity altogether.

What if I find a buyer myself while under an exclusive contract? It depends entirely on how the clause is worded. If the exclusivity is "absolute" (no other channel permitted, including a buyer you find yourself), you'll likely still owe commission. If the contract carves out an exception for buyers the seller finds independently, you'll be released from that obligation. Read the wording closely.

Can I get out of an exclusive contract early? In principle, yes — a contract can be terminated unless it says otherwise. But the agent may claim compensation if they can show their work already produced prospective buyers. This will turn on the facts and the exact contract terms.

Can the commission differ for the seller and the buyer? Yes, that's common practice (e.g. 2% from the seller, 2% from the buyer). But the agent must disclose this clearly to both sides. A hidden commission taken from the other side without disclosure amounts to fraud.