Code of Ethics
For the PREF Code of Ethics, click here
http://www.pref.pl/page/320
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Entrance/licensing requirements
A state license is required to practice real estate in Poland. Anyone performing this function without a license can be taken to court. The license is granted by the Minister of Infrastructure to a person (only a person can obtain a license) if he fulfills the following conditions:
- has full legal ability (at least 18 years old and )
- has not been punished for crimes against property, documents, economic offenses, forgery of money, securities, official marks, giving false testimony and fiscal offense;
- has at least a higher school education;
- has completed postgraduate studies in the field of real estate agents;
- underwent a professional internship/training related to real estate brokerage (6 months)
A person without Polish citizenship may be granted a license as real estate agent, in accordance with these conditions after to demonstrate proficiency in Polish.
Further upgrading of qualifications is obligatory. .
Once a license is granted a practitioner can practice anywhere in the country. There are no regional restrictions. Non-residents can practice in Poland once they obtain a license. The market can be regulated by the Parliament in the form of published decrees. The license is granted for lifetime but if a practitioner does not follow continuing education requirements, the Minister can revoke it.
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Foreign ownership
Foreigners may purchase a property in Poland but must first obtain a permit from the Ministry of Internal Affairs and Administration. In some cases such as if a company wants to invest a certain amount of money in Poland or if it wants to buy up to 4000 sq. m. in a town and use such a property for its statutory activities, permits are not required. There are no other restrictions on foreign investment
http://www.paiz.gov.pl/index/?id=55603a5f239e435c642244be3e891b85
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Land Registration System
There is one system of ownership rights registration. It is called "Title books" and is operated by the central information that is under supervision of Ministry of Justice. All regional courts are responsible for having departments of “Title books” that is also branch of central information. Centralized system allows to look and take title book record in each regional court from all over the country. The Land Book Departments in the courts gather legal information about each property in Poland. Those Books are open to the public. All legal data which are presented in the books are guaranteed. Legal status of the property is based on title books.
There is also second mandatory system "Land and the building registration" which is led by local authorities. This system is also computerized and compiles all the information about the land - title, area, the type of use, etc. All the non legal information is guaranteed. As again, those are open to the public. A new "cadastral" system is supposed to be introduced in the next few years.
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Other industry professionals
There is one type of lawyer (notary) who is directly involved in real estate transactions. Polish civil law requires that the deed between the seller and buyer have to be made in the form of notary deed. The notary is the person of public confidence and only he can prepare such a document.
The notary charges about 2 - 3 percent of the value of the transaction. The lease contract should be prepared by a lawyer too, but a broker can use standard forms.
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Practitioner Services
The objective of our services is primarily to help to sell, buy, rent or exchange a property. Services should include: preparation of an offer, marketing of the offer, viewing of the property, assistance in negotiations, etc.
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Property Marketing Systems
The variety of marketing systems on the Polish market is large. Those systems are regional and mainly computerized. Most of them are nowadays based on the internet. All types of properties can be found there. Systems are owned by computer companies as well as by groups of brokerage firms or real estate broker association (MLS). The owner at the same time is an operator of the system. The level of access to the data depends on the status of a user. Some data are for brokers only; others are free to the public.
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Referral System
There is no national referral system. The referrals are popular on a local scale. Most companies are locally based but the companies co-operate in national transactions. There are also several firms who have their branch offices all over Poland. Quite a lot of companies are involved in real estate appraising or management as well as in brokerage. The referrals are not regulated.
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Relationship of Buyer/Seller to Practitioner
The legal obligations between a practitioner and a party are defined by the "Real Estate Act" issued on September 21, 1997 and by contract concluded between the practitioner and a second party (for example an agency). The agreement has to specify the obligations of the practitioner and his fee. The agreement can be concluded by the practitioner with the seller or buyer. Should the clients be informed prior to signing the agreement, it is possible to act as a dual agent for both. If the subject of the contract is different than brokerage it can be defined in a separate agreement which does not have to be in writing.
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Remuneration
Remuneration is paid by the parties who signed the contract with the practitioner. The remuneration is 2.5 - 3 percent of the value of the transaction (sale contract) or 50 - 100 per cent of the monthly rent. The remuneration and its rate have to be determined in the contract. The payment occurs when the initial or final agreement between the parties is concluded. There are no statutory restrictions on the remuneration. The values in real estate transactions can be controlled by the tax office or the special Bureau of the General Inspector of Financial Information
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