New rules for real estate agencies are being prepared in Poland. If the law is passed, the work of realtors will become stricter and more transparent, and clients will have more protection. The most important change: a ban on double commission
Currently, an agent often receives money from both the seller and the buyer at the same time. This is what they want to prohibit. Under the new rules, a realtor will be able to work for only one side of the transaction — either the seller or the buyer. They will also be able to take a commission only from one side.
According to the ministry, this practice creates an obvious conflict of interest. After the new rules come into effect, an agent will be able to represent only one side of the transaction — the one with which they have officially signed a contract.
Separately, the authorities plan to curb the practice where access to purchasing an apartment is effectively «blocked» by signing a contract with an agency — for example, when a buyer is forced to agree to the intermediary’s terms just to have the opportunity to view the property.
Clear rules for realtors
A list of mandatory services that an agent must always perform will be introduced. This means that agencies will no longer be able to limit their role to minimal functions or shift legal responsibility onto the client.
In fact, this concerns the introduction of a minimum «service package» that the client must receive in any case — regardless of the agency and the type of transaction.
More order in listings
Realtors will no longer be able to publish listings without a contract with the apartment owner. Additionally, all listings from agencies must be clearly marked to indicate that it is an intermediary, not the property owner.
Increased state control
The State Trade Inspection (Inspekcja Handlowa) will take control of the enforcement of the new rules. Its powers are planned to be expanded so that it can more thoroughly check the work of real estate agencies.
The inspection will be able to assess:
- the transparency and clarity of contracts with clients;
- the completeness of disclosure of all commissions and additional fees;
- compliance with the ban on double commission;
- instances of pressure on clients before viewing properties;
- the compliance of listings with the new legal requirements.
In fact, the regulator will receive tools for a comprehensive check of the entire transaction chain — from the first contact to the signing of the contract.
Fines for violations
Violations of the new rules will be punished with hefty fines or even a ban on work.
The law is still in the draft stage and will be considered by the government.
