LexDom - Przewodnik Dla Klienta Agencji Nieruchomości

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Contact Us

LexDom Real Estate Agency

Anna Zielińska
Monday-Friday: 9.00am-6.00pm
mob: +48 662 570 200

Natalia Adamek-Drabik
Monday-Friday: 9.00am-6.00pm
mob: +48 661 110 200

After working hours please contact us via email: biuro@lexdom.pl

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Guide

What you need to know before meeting a Real Estate Agent.

Our Mission
Our mission is to provide professional help with finding the correct property for you, to help you understand the real estate market in Poland, giving legal consultation and to advise on other sectors related to the real estate market and contract/rental agreements. In order to help you even more, we have written this guide.

Step to follow

TENANT, BUYER LESSER/ SELLER IMPORTANT DEFINITIONS

The Real Estate Agent arranges viewing of a prospective apartment, house or commercial premises.
Before viewing you will be required to sign the agency agreementagreement concluded between the Agent and all interested parties (buyer, seller, lessee, lessor) describing terms of cooperation and remuneration (commission). In accordance with law, the Signatory is obliged to pay the remuneration only if the Agent finalises the lease or sale transaction. In other words, if the Agent does not finalise the lease or sale, the Signatory shall not pay the remuneration. Before signing the agency contract with owner (or authorized person), it is vital to inform the Agent if any exclusive agreement has been signed with another estate agency.
with the Agent. It is essential to show the Agent proof of identity. A passport or driving license is suffice to do this. Upon request, the agency agreement can be sent via email.
During the meeting the Agent not only presents the property but also gives information concerning the said property. At the meeting main terms concerning the sale or rent of property are agreed.

The Real Estate Agent makes an appointment in order to view the property.
After viewing your property you will be required to sign the agency agreementagreement concluded between the Agent and all interested parties (buyer, seller, lessee, lessor) describing terms of cooperation and remuneration (commission). In accordance with law, the Signatory is obliged to pay the remuneration only if the Agent finalises the lease or sale transaction. In other words, if the Agent does not finalise the lease or sale, the Signatory shall not pay the remuneration. Before signing the agency contract with owner (or authorized person), it is vital to inform the Agent if any exclusive agreement has been signed with another estate agency.
with the Agent. It is essential to show the Agent proof of identity. A passport or driving license is suffice to do this. You will also be required to show any legal document confirming that you are the owner of the property. If you are a co-owner or a person authorized to represent the owner, it is vital to show power of attorney (desirable in notarial form). Upon request, the agency agreement can be sent via email.
During the meeting, all terms of cooperation between the Agent and lessor/ seller must be agreed. It is essential to give the Agent as much detailed information concerning the property as possible.

Real Estate Agent (Agent): licensed agent covered by compulsory civil liability insurance (in contrast to real estate consultants) responsible for finalising deals on the real estate market and matching parties of transaction (tenants with lessors, sellers with buyers).
Agency Agreement / Agency Contract: agreement concluded between the Agent and all interested parties (buyer, seller, lessee, lessor) describing terms of cooperation and remuneration (commission). In accordance with law, the Signatory is obliged to pay the remuneration only if the Agent finalises the lease or sale transaction. In other words, if the Agent does not finalise the lease or sale, the Signatory shall not pay the remuneration. Before signing the agency contract with owner (or authorized person), it is vital to inform the Agent if any exclusive agreement has been signed with another estate agency.
Exclusive agreement / Exclusiveness: agency agreement concluded with the owner (or authorized person) for a definite period of time with the “Exclusiveness” clause. Unlike the one described above, the owner must not sign any agency agreement with other agencies, nor sale or lease contract concerning the property nor take any actions to sell/ lease the property (for example advertising in a newspaper).
Lessor: owner, co-owner or authorized person that has the right to conclude lease contracts on behalf of the owner. In other words can legally rent an apartment, flat or house to somebody.
Lessee: person who decide to rent an apartment, flat or house and sign the lease contract.
Deposit: amount of money (usually one month's rent) paid the owner (very often in cash on the day of concluding the lease contract). The owner is obliged to give the lessee a recipe for this money. The deposit covers outstanding bills or damage made by the tenant during the lease period. The deposit is returnable providing all payments are settled and the property is in the same condition apart from fair wear and tear, as it was on the day of delivering the tenant keys to it. Only then shall the full amount of the deposit be returned to the tenant.
Remuneration / Commission: Agent’s fee paid for finalising the sale or rent transaction. It is agreed individually with each interested party: owner, buyer, seller and tenant and usually amounts to 3% in the case of a sale transaction or one month's rent in the case of renting a property.
0% remuneration / % commission: Agent’s fee included in sale or rental price (it means that in fact commission is hidden in the price).
Rent: amount of money paid to the owner for renting/leasing a property.
Administration fee: amount of money paid to the administrator of a building which includes prepayment i.e. for central heating, water, garbage disposal, cleaning the building, using the lift/elevator and so on.
Renovation fund: amount of money usually included in the administration fee paid in advance for future renovations of a building.
Lease agreement / Lease contract: legal civil contract concluded between the owner (or authorized person) and a lessee. The contract specifies the object of lease, rental price, terms of payment, rental period and conditions of use of the property (obligations, rights of both parties). It is highly recommended to enter into a lease agreement in the written form.
Temporary lease agreement / Contract: legal civil contract concluded only for a definite period of time in notarial form. To be valid the contract must have the heading “Temporary lease contract”. Unlike to a standard lease contract, the temporary lease agreement has an enforcement clause according to § 777 Polish Code of Civil Procedure. In other words: if the tenant does not want to move out after expiring the lease contract or has outstanding payments, the lessor can immediately bring an action in law.
Sale contract / Final sale agreement: legal civil contract that transfers legal title of ownership. In order to be legally valid it must be concluded in notarial form. The final sale contract can be preceded by a preliminary sale contract.
Preliminary sale contract - refers only to sale contracts: civil law contract can be concluded in both forms: normal written or notarial. It describes the interested parties, property, sale price and future date of undersigning the final sale contract. One of the most important term in preliminary sale contract is an advance payment/ deposit that the buyer is obliged to pay (usually it amounts to 10% of sale price).
Advance payment / Deposit: amount of money detailed/described in Polish Civil Code (§ 394) paid by the buyer to amount of 10% of sale price. If the seller resigns from concluding the final sale contract, he/she shall be obliged to pay back double the amount of the deposit mentioned above. If the buyer resigns from concluding the final sale contract, the seller has the right to keep above mentioned deposit. If both interested parties conclude the final sale contract, the deposit/ advance payment shall be counted in the sale price.
Reservation contract: civil law contract concluded in writing, used in both cases of selling and renting properties. It should include information such as: price, subject (property) and future date of signing the lease or sale contract. The aim of the reservation contract is to keep the property for the client. Very often a prospective buyer or lessee is obliged to pay a reservation payment (it can be an advance payment described above or different amount of money).