You have arranged to view a flat from a listing, and at the door the agent hands you a pen and a few pages of brokerage agreement (umowa pośrednictwa). You do not have to sign it on the spot, and you do not have to sign it at all. If you are thinking of signing, first go through the eight points on the list below. The most important are the form of the agreement, the fee, exclusivity and penalties. A signature given in the flat you are viewing, rather than at the agency’s office, as a rule gives you 14 days to withdraw from the agreement without giving a reason (art. 27 sec. 1 of the Consumer Rights Act).
We cite the provisions as they stood in October 2026:
- the Real Estate Management Act (u.g.n.), consolidated text Dz.U. 2026 item 399;
- the Civil Code (k.c.), consolidated text Dz.U. 2026 item 795;
- the Consumer Rights Act (u.p.k.), consolidated text Dz.U. 2026 item 1244.
Checklist before you sign
- Form: paper with both parties’ signatures, or a qualified electronic signature. A scan is not enough.
- The other party: the business owner’s name or company name, tax number (NIP), and a copy of the liability policy as an annex.
- The fee: amount or percentage, what it is calculated on, with or without VAT, and when it falls due.
- Whether the agent also has an agreement with the seller of this flat.
- Scope of work: what exactly the agent will do for you.
- Exclusivity, duration, termination, automatic renewal, commission after the agreement ends.
- Contractual penalties and clauses that exclude the agent’s liability.
- The notice about the right to withdraw, and whether you are signing a consent to lose it at the same time.
Why does an agent give you an agreement when someone else is selling the flat?
Under the Act, a real estate agent (pośrednik w obrocie nieruchomościami) performs, for payment, activities aimed at other persons concluding agreements, including acquiring or disposing of rights to real estate or the cooperative ownership right to a flat (art. 179b u.g.n.). The agent is a business owner (art. 179a). The Act does not say who pays the agent or how much. Art. 180 sec. 3 u.g.n. only provides that the scope of the brokerage services is set by the brokerage agreement, and requires a specified form for it. Who pays therefore follows from the agreements the agent concludes.
An agent showing you a flat from a listing may already have an agreement with the seller. The current rules do not prohibit the agent from receiving a fee from both sides of the same transaction. So before signing, ask directly: does the agent have an agreement with the seller, and does the seller pay too? The answer determines whether you are paying someone who works for you or contributing to a service ordered by the other side.
How much agencies charge buyers, and whether the figure is net or gross, we cover separately in the guide on who pays the agent’s commission and what agencies charge. Buying from a developer works differently, as described in the guide on using an agent when buying from a developer.
The form of the agreement: paper or a qualified signature
A brokerage agreement needs written or electronic form, otherwise it is void (art. 180 sec. 3 u.g.n.). At a viewing this means:
- written form is a document with handwritten signatures. Take your own copy straight away, with the agent’s signature and the date;
- electronic form requires a qualified electronic signature (art. 78¹ § 1 k.c.);
- a scan of a signed agreement sent by email or messenger is only a documentary form (art. 77² k.c.). It does not meet the requirement of art. 180 sec. 3.
An agreement concluded in any other form is void. If the agent suggests a quick signature in some way other than on paper or with a qualified electronic signature, ask for a paper copy, or ask them to send you the agreement to read before the next meeting.
Who the other party is: details, liability insurance, ID
The party to the agreement is the business owner carrying on brokerage activity (art. 179a u.g.n.), who is not always the same person who shows you the flat. Check the agreement for the name or company name and the NIP, and compare them with the public register (CEIDG or KRS).
- Licence. Since 1.01.2014 an agent’s licence is no longer required (Act of 13.06.2013, Dz.U. 2013 item 829). Its absence settles nothing, and a claim to hold one guarantees nothing.
- Criminal record. Since 31.10.2021 a person finally convicted of the offences listed in art. 180a sec. 1 u.g.n. cannot act as an agent.
- Mandatory liability insurance (OC). The agent must hold civil liability insurance (art. 181 sec. 3 u.g.n.). A copy of the policy valid on the day the agreement is concluded is annexed to it (art. 181 sec. 3a). If it is missing, call on the agent in writing to supply it. If the agent does not provide a copy within 7 days of receiving the request, you may terminate the agreement with immediate effect (art. 181 sec. 3b).
- Sum insured. The minimum is the equivalent of €25,000 (§ 4 sec. 1 of the regulation, Dz.U. 2019 item 804), converted at the first NBP average exchange rate in the year the policy is concluded (§ 4 sec. 2). For policies from 2026, the rate of 2.01.2026 was PLN 4.2156, so the minimum is PLN 105,390.
Why does the agent ask for an ID document? A real estate agent is an obliged institution under the Anti-Money Laundering Act (art. 2 sec. 1 pt 18, consolidated text Dz.U. 2025 item 644). The agent must apply financial security measures, including identifying the client (art. 33-37), and keeps the documentation for 5 years (art. 49 sec. 1). The agency therefore has a basis for asking for your details. You can, however, ask for this to be done only once you decide to sign.
The fee: amount, VAT and timing of payment
The rules set neither a rate nor who pays. It is all in the agreement, so read this part most carefully.
- Amount. According to UOKiK (position of October 2018), an estate agency’s commission should be clearly stated and include VAT. For an agreement concluded away from business premises, the agent must state the total fee including taxes before the agreement is concluded, or, if it cannot be calculated in advance, the method of calculation (art. 12 sec. 1 pt 5 u.p.k.). If the fee is a percentage, check what it is calculated on: the price in the preliminary agreement or the price in the notarial deed.
- VAT. Brokerage services are subject to the 23% rate. An agent may, however, use the small-business exemption (art. 113 sec. 1 of the VAT Act, consolidated text Dz.U. 2026 item 1263; limit PLN 240,000 from 1.01.2026). So check whether the figure in the agreement is the amount payable or whether VAT must be added. An example of a net/gross conversion is in the guide on the agent’s commission.
- Timing of payment. Check which event triggers payment: signing the preliminary agreement or the notarial sale deed. If it is the earlier one, the agreement should say what happens to the fee if the deed is never signed. If you also pay a deposit under the preliminary agreement, read how a deposit differs from an advance.
Scope of work: what the agent will do for you
Since the scope of work is set by the agreement (art. 180 sec. 3 u.g.n.), anything not in it is not part of the service. A general phrase such as “brokerage in acquiring real estate” says little. Check whether it lists specific tasks, for example finding offers that match your criteria, presenting them, analysing the land and mortgage register (księga wieczysta), helping with negotiations, and organising the preliminary agreement and the notarial deed.
An agent with whom you have concluded a brokerage agreement has a statutory right of access to, among others, land and mortgage registers, the real estate cadastre (the register of land and buildings), the population register as regards residence registration, and energy performance certificates (art. 181a u.g.n.). If you are paying for a check of the flat’s legal status, have it written down. What to check yourself before the preliminary agreement is collected in the checklist for a resale flat. If you are viewing a flat in a large-panel block (wielka płyta), see also: a flat in a large-panel block in Warsaw: what to check.
Exclusivity, duration and commission after the agreement ends
These three clauses decide whether you can keep searching on your own after signing.
- Exclusivity. According to UOKiK, exclusivity concerns only the brokerage service, and demanding commission when the client found the counterparty alone is unlawful. UOKiK issued decision RBG-36/2014 of 19.11.2014 on clauses requiring commission “regardless of how contact was made”. Check whether the agreement forbids you from buying a flat you found yourself or through another agency.
- Duration and renewal. Check how long you are signing for and how you can terminate. Art. 385³ pt 18 k.c. lists among the clauses presumed unfair in case of doubt those under which a fixed-term agreement is extended unless the consumer objects within an unreasonably short time.
- Commission after the agreement ends. UOKiK treats a demand for commission after the agreement has expired, without limits, as unfair. The Court of Competition and Consumer Protection challenged a clause on commission “regardless of how the counterparty was found” and after the agreement ended (case ref. XVII AmC 1786/09, entry no. 2512 in the register of unfair clauses of 19.09.2011). It is safer when the agreement names a specific period and covers only flats the agent has shown you.
Contractual penalties and clauses worth striking out
A contractual penalty (kara umowna) can secure only a non-monetary obligation (art. 483 § 1 k.c.). Paying a fee is a monetary obligation, so late payment attracts interest, not a contractual penalty. UOKiK makes the same point.
Terms of a consumer agreement that were not individually negotiated do not bind the consumer if they shape the consumer’s rights and obligations contrary to good practice, grossly infringing the consumer’s interests (art. 385¹ § 1 k.c.). Art. 385³ k.c. lists examples that are presumed unfair in case of doubt. In a brokerage agreement, look in particular for these:
Scroll the table sideways to see all columns.
| What the agreement says | Provision or position |
|---|---|
| The agent excludes or substantially limits liability for non-performance or improper performance | art. 385³ pt 2 k.c. |
| The agent is not liable if the offer does not match the factual and legal position | UOKiK, 2018 |
| Only you must pay a fixed sum if you cancel | art. 385³ pt 16 k.c. |
| A grossly excessive contractual penalty or withdrawal fee | art. 385³ pt 17 k.c. |
| A contractual penalty for not paying the commission | art. 483 § 1 k.c., UOKiK |
Before you sign, ask for such a clause to be struck out or changed, and for both parties to initial the change. If the agent refuses, that also tells you something.
Signing in the flat you are viewing: 14 days to withdraw
An agreement signed with you and the agent present at the same time, in a place that is not the agent’s business premises, is an agreement concluded away from business premises (art. 2 pt 2 lit. a u.p.k.). A flat being viewed, a stairwell or a café are exactly such places. In that case:
- you can withdraw within 14 days without giving a reason and, as a rule, without cost (art. 27 sec. 1; the exception in art. 35 is described below). If a business owner visits you at home without an appointment, the period is 30 days (art. 27 sec. 2);
- for a service agreement, the period runs from the day the agreement is concluded (art. 28 pt 2);
- before the agreement is concluded, the agent must tell you how and by when you can withdraw (art. 12 sec. 1 pt 9). If you are not told about the right to withdraw at all, it expires only 12 months after the withdrawal period would have ended (art. 29 sec. 1).
Watch for a statement in which you ask the service to start before the withdrawal period ends. If you sign it and then withdraw, you pay for services performed up to the moment of withdrawal (art. 35). The right to withdraw does not apply at all if the agent has fully performed the service with your express prior consent, warned you before starting that you would lose the right once it was performed, and you acknowledged this (art. 38 sec. 1 pt 1). Do not sign such a statement out of habit along with the rest of the agreement.
If you sign at the agent’s office, the agreement is, as a rule, not one concluded away from business premises, and you do not have the 14-day right to withdraw. The exception: an agreement signed at the office immediately after the agent made individual, personal contact with you outside the office, for example at a viewing, is still treated as concluded away from business premises (art. 2 pt 2 lit. c u.p.k.). So read it before you sign.
If you are a foreigner reading the agreement in Polish
The agreement is drafted in Polish, but the points covered above, form, fee, exclusivity, penalties and the right to withdraw, stay the same whatever language it is explained to you in. So:
- do not sign the same day because “the agent is in a hurry”. You may take the agreement away to read, and a scan does not meet the required form;
- ask for a copy in advance and read it with someone who reads Polish, or with a lawyer. Go through the list above point by point;
- check the agent’s name and NIP against the CEIDG or KRS register and make sure the liability policy is attached;
- expect to be asked to show an ID document: this follows from the Anti-Money Laundering Act (art. 33-37, 5-year retention under art. 49 sec. 1);
- keep your correspondence and your written request for the policy, so you can prove the 7-day period under art. 181 sec. 3b.
What the draft UD424 provides (as of 7.10.2026)
The government draft act amending the Real Estate Management Act (UD424, version of 2.09.2026) provides, among other things, for:
- “Remuneration is due from only one of the parties to the same transaction” (quotation from the draft);
- publishing a property advertisement only after a brokerage agreement has been concluded;
- an obligation for the agent to check the legal and factual status of the property;
- a vacatio legis of 6 months; earlier agreements remain subject to the existing rules.
As of 7.10.2026, the draft has the status “open” at the Government Legislation Centre. The stages of inter-ministerial agreement, public consultation and opinions show a last-modified date of 4.09.2026, and the draft has not reached the Sejm. It does not apply today. An agreement you sign now will be assessed under the current rules.
FAQ
Do I have to sign a brokerage agreement to view a flat?
No provision requires a buyer to sign an agreement before a viewing. It is a condition set by the agency, and you may decline it. If you do sign, the agreement must be in writing or in electronic form, otherwise it is void (art. 180 sec. 3 of the Real Estate Management Act, legal position as of October 2026). Without such an agreement there is no valid brokerage agreement between you and the agent.
Is a brokerage agreement valid if it was signed and sent as a scan?
A scan does not meet the form requirement. A scan of a signed document is only a “documentary form” (art. 77² of the Civil Code), whereas a brokerage agreement needs written form, meaning paper with signatures, or electronic form, meaning a qualified electronic signature (art. 78¹ § 1 of the Civil Code). Any other form makes the agreement void (art. 180 sec. 3, legal position as of October 2026).
Can I withdraw from a brokerage agreement signed during a flat viewing?
As a rule, yes. An agreement signed in the flat you are viewing, rather than at the agency’s office, is concluded away from business premises. You then have 14 days from conclusion to withdraw without giving a reason (art. 2 pt 2 lit. a, art. 27 sec. 1 and art. 28 pt 2 of the Consumer Rights Act). The right does not apply if the agent has fully performed the service with your express prior consent and warned you before starting that you would lose the right in that case (art. 38 sec. 1 pt 1).
What should I do if the agent did not attach the liability insurance policy?
A copy of the civil liability (OC) policy valid on the day the agreement is concluded is a mandatory annex to it (art. 181 sec. 3a). If it is missing, call on the agent in writing to supply it. If the agent does not provide a copy within 7 days of receiving your request, you may terminate the agreement with immediate effect (art. 181 sec. 3b, legal position as of October 2026).
Can an agent demand a commission if I buy the flat myself after the agreement ends?
The consumer protection authority UOKiK treats a demand for commission after the agreement has expired, with no limits, as unfair, and the Court of Competition and Consumer Protection challenged a clause on commission “regardless of how the counterparty was found” (case ref. XVII AmC 1786/09). Check whether the agreement states a specific period and covers only flats the agent has shown you.
Have a viewing booked for a resale flat in Warsaw? Write to us before the viewing and send the link to the listing. We will tell you how we can help with that flat. For purchases on the secondary market we work under a brokerage agreement in which the fee, and who pays it, is set before we start working together. The agent is Vladyslav Moroz (sole proprietorship) with mandatory liability insurance. We speak 7 languages. Details: how we work when you buy a flat.
Jawno · +48 692 649 839 · infojawno@gmail.com
Legal position as of October 2026. This text is for information only and is not legal advice.