Publication date: 09/09/2026
Can a real estate agent paid by both the seller and the buyer genuinely negotiate the best possible terms for each of them? Poland’s draft UD424 brings this question into the spotlight.
Content:
Real estate agent commission in Poland has become a sensitive subject. That is understandable. Buying or selling a property often involves a significant part of a person’s capital, while an agent’s fee can amount to several thousand euros. But the most important question is not simply how much the agent earns. It is what the client receives in return – and whose interests the agent is expected to protect.
A Polish government draft dated 2 September 2026 proposes, among other measures, that a real estate intermediary may receive remuneration from only one party to the same transaction. At the time of writing, this is a proposal, not binding law, and its wording may still change. Nevertheless, it raises a question worth considering today: when the seller and buyer want different financial outcomes, can one intermediary fully represent both of them?
What does Poland's draft UD424 propose
The official description of UD424 presents the reform as an attempt to improve the quality of real estate brokerage services, strengthen consumer protection and increase transparency. The draft responds to concerns about unclear scopes of service, fees charged without meaningful work, viewings being made conditional on a buyer signing an agreement after finding an advert independently, and listings published without the owner’s authorisation.
One of its most discussed provisions is straightforward: remuneration would be due from only one party to the same transaction. The proposal does not set a maximum commission rate. Instead, the brokerage agreement would have to specify the scope of the work and the method of calculating, or the amount of, the remuneration.
Today, Polish law does not contain a direct general prohibition on an intermediary being paid by both parties where valid agreements exist. Formal legality, however, does not by itself answer the client’s practical question: who is the agent representing when the price and other material terms are negotiated?
A shared transaction does not mean a shared interest
The buyer and seller do share an important objective: both usually want a safe transaction that reaches completion. They need correct documentation, reliable communication, agreed deadlines and a properly prepared notarial process. An experienced intermediary can coordinate these elements and help both parties avoid unnecessary delays.
Their interests diverge when the commercial terms begin. The seller normally wants the strongest achievable price, a reliable deposit, limited uncertainty and favourable handover conditions. The buyer wants to pay a defensible price, preserve time for verification, identify risks and secure protection if a problem is discovered. These objectives can be reconciled in a successful transaction, but they are not identical.
We would not normally expect one lawyer to advocate equally for two parties whose financial positions are opposed. A property transaction is not a court case, and an estate agent is not litigation counsel, so the analogy is not exact. It does, however, reveal the central distinction: facilitating communication between two parties is not the same as negotiating with full loyalty for each of them.
Coordination is not the same as representation
An agent can communicate professionally with everyone involved. A seller’s representative should answer a buyer’s questions honestly, provide the available documentation and help coordinate the transaction. None of this means that the agent has become the buyer’s adviser.
If the intermediary represents the seller, the role is to defend the property’s value, present it effectively, assess offers and negotiate terms for the owner. If the intermediary represents the buyer, the role is different: compare alternatives, examine weaknesses, verify documents and the property’s actual condition, question the asking price and negotiate from the buyer’s position.
Both roles are valuable. The difficulty begins when their boundaries are blurred. A clear model can involve two agents cooperating on the same transaction – one for the seller and one for the buyer – with each paid by their own client. Cooperation remains possible, while responsibility becomes easier to understand.
The problem is not commission itself
Discussions about real estate agent fees in Poland can easily become an argument about whether agents earn too much. That misses the more important point. Market analysis, property searches, inspections, due diligence, negotiation, document collection and coordination with administrators, banks, lawyers and notaries require time, judgement and responsibility. Meaningful professional work deserves meaningful remuneration.
The client should nevertheless know from the beginning who is paying the agent, what work is included and what result the agent is responsible for pursuing. A fee should not be charged merely for opening the door to a property that a buyer found online. It should correspond to a clearly defined service provided to an identified client.
For this reason, I view the direction of the proposed reform positively. Not because remuneration is improper, but because transparent remuneration makes the value of professional brokerage easier to see. Clarity about representation protects clients and gives responsible intermediaries a stronger basis for explaining what they actually do.
What else would change under the proposal
The draft of 2 September 2026 goes beyond remuneration. It would establish minimum duties for intermediaries regardless of the wording of an individual agreement. In particular, an intermediary would be required to:
- verify the legal and factual status of the property;
- present the offer properly on the market, taking account of other legal obligations;
- provide reliable information about the property; and
- document activities connected with presenting the property.
The proposed verification would include reviewing relevant registers and documents as well as physically inspecting the property. A listing could be published only after a brokerage agreement had been concluded, and the advert would need to identify the intermediary who published it.
The draft also provides for financial penalties ranging from two to five times the average monthly salary in the national economy for the preceding year. Instead of a fine, the authority could order the intermediary to stop the infringing practice. Failure to comply with such an order could ultimately lead to a prohibition on conducting real estate brokerage activity.
If adopted in its present form, the legislation would enter into force six months after official publication. Brokerage agreements concluded before that date and still in force would remain subject to the previous rules. These are proposed provisions; no calendar date for their entry into force exists yet.
What could the change mean for sellers
A seller should be able to expect their representative to concentrate on the owner’s objective: preparing the property, reaching the right audience, protecting its value and conducting a safe sale. If the same agent is also paid by the buyer, the owner may reasonably ask whether the agent is still negotiating fully for the seller or is mainly motivated to close the transaction as quickly as possible.
A buyer who is not charged by the listing agent also faces one less barrier to considering the property. The asking price is easier to assess when an unexpected agency fee is not added at the viewing stage. For the seller, this can mean a clearer offer and fewer objections from prospective buyers who never selected the agent in the first place.
What could the change mean for buyers and investors
A buyer who finds an advert independently should know whether they are speaking to the seller’s representative or to an adviser retained by the buyer. A professional listing agent may provide useful information and coordinate the process well, but their primary assignment remains the sale of that particular property on terms acceptable to the owner.
A buyer’s agent in Poland has a different task. The adviser should not need to persuade the client to purchase one predetermined property. They should be able to compare the wider market, identify disadvantages, test assumptions, evaluate the asking price, check the documentation and actual condition, and negotiate from the buyer’s side.
This distinction is especially important for an investor. An attractive interior or a persuasive sales presentation does not establish investment quality. The acquisition price affects the return; renovation and furnishing affect the capital required; achievable rent and vacancy affect cash flow; and location, layout and legal status affect future liquidity.
Perhaps the simplest test of independence is whether the adviser can comfortably say: this property is not worth buying. If the intermediary’s income depends on selling that specific unit or receiving an additional payment from its owner or developer, giving that advice may become harder. An investor’s representative should be interested in the client’s result, not in the fate of one listing.
One transaction, one represented side
At Piętra Home Staging & Nieruchomości, we work with both sellers and buyers, but in any individual transaction we represent only one side. This is not a slogan created in response to the current debate. It is simply how we define responsibility: we establish who our client is, what work we will perform and who will pay us.
When we represent a buyer, we do not retain an additional commission or hidden bonus from the seller or developer. Any discount, incentive or other benefit obtained in connection with the transaction is disclosed and remains for our client’s benefit. This allows us to compare properties for their actual suitability rather than according to which listing might pay the intermediary more.
When we represent a seller, our remuneration comes from the owner. A buyer does not become our client merely by responding to the listing or attending a viewing. We answer questions openly and coordinate the sale professionally, but we do not create the impression that we are simultaneously negotiating the best price for both parties.
Local representation for an international investor
For someone buying an investment property in Warsaw from another country, the greatest concern is often not access to listings. It is maintaining control over a process taking place in a different language and legal environment.
Our work can begin with an investment brief covering the budget, intended holding period, acceptable renovation scope, target tenant, expected level of involvement and possible exit scenario. Depending on the assignment, we can then:
- search and compare properties across the available Warsaw market;
- inspect shortlisted properties and provide photo or video reports;
- review documentation and coordinate additional legal or technical checks where required;
- assess the price, likely preparation costs, rental positioning and resale considerations;
- negotiate from the buyer’s position and coordinate agreements, the notary and handover; and
- after purchase, arrange renovation or furnishing, prepare the property for rent, find a tenant and provide ongoing property management in Warsaw if requested.
The client does not always need to be physically present in Warsaw. We can collect documents, coordinate participants and conduct preliminary inspections remotely. With a properly drafted power of attorney, an agreed part of the formal process may also be completed on the client’s behalf. The required powers and documentation must always be determined for the specific transaction.
Three questions to ask an agent before the first viewing
- Whom do you represent in this transaction, and with whom do you have an agreement?
- Who will pay you, and for which services – including any commission, referral payment or developer incentive?
- If your checks show that this property is a poor purchase, are you prepared to recommend walking away and continuing the search?
Calm, specific answers to these questions are more useful than broad promises. A professional intermediary does not need to be ‘on everyone’s side’. The intermediary needs to explain their role clearly and perform the agreed work responsibly for their client.
Planning to buy or sell property in Warsaw
If you are considering buying an investment property in Warsaw, we can begin with a focused conversation about the objective – before selecting a specific apartment and without assuming that a purchase must be made. We will discuss the budget, strategy and desired level of involvement, and consider whether the current market offers properties that match your criteria.
If we work together, we represent only your side: we search and compare properties, carry out checks, negotiate and coordinate the transaction. If you do not have time to manage documents and logistics personally, we can handle an agreed scope for you. After completion, we can also prepare the property for rent and manage it if required.
Piętra also represents property owners selling in Warsaw. The same principle applies: one represented side, a clearly defined scope of work and transparent remuneration. For a seller, our role may include property preparation and home staging, marketing, viewings, negotiation, document coordination and safe completion.
Original article by Yury Stayan
A licensed real estate agent in Poland (licence no. 32352) and a real estate consultant at Piętra Home Staging & Nieruchomości.
He supports private investors and property transactions in Warsaw, including clients who live outside Poland.
Original article by Yury Stayan
A licensed real estate agent in Poland (licence no. 32352) and a real estate consultant at Piętra Home Staging & Nieruchomości.
He supports private investors and property transactions in Warsaw, including clients who live outside Poland.
Frequently asked questions
Is being paid by both sides already prohibited in Poland?
No. As of 6 September 2026, UD424 is a draft. Current legislation does not contain a direct general prohibition on remuneration from both parties to the same transaction where valid agreements exist. The proposal would change this rule.
Would the proposal limit the amount of an agent's commission?
No maximum rate is proposed. The agreement would still determine the fee, but it would need to state the method of calculation or the amount, and remuneration would be due from only one party to the same transaction.
When could the new rules enter into force?
The draft provides for entry into force six months after publication of the adopted legislation. Because the proposal has not yet completed the legislative process, there is currently no fixed calendar date.
Sources
- Chancellery of the Prime Minister of Poland, UD424 – official project page.
- Draft Act of 2 September 2026 amending the Real Estate Management Act – source document supplied for preparation of this article.
- Polish Real Estate Management Act (Ustawa o gospodarce nieruchomościami), official ELI database.