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Who pays for the real estate agency's cost in Poland?


ska  9 | 14  
8 Sep 2015 /  #1
Hi,

As a group of international students, we have been searching for flats to rent, and are finally close to choose one. We are very close to choose a flat and to sign the lease contract. Then suddenly, we are struck with a high real estate agency's cost (50% of 1 month rent). I mean, he has shown us this flat (when we contacted him via gumtree) but I don't know his cost would be borne out of us. We thought that such cost should be paid by the landlords who clearly hired the agency to work for them. We also feel like the agent did not explicitely tell us. Is this a typical and widespread practice in Wroclaw, Poland?
jon357  73 | 22999  
8 Sep 2015 /  #2
It's fairly normal. Some expect a full month's. You can always tick the box on gumtree so it only brings up ads from the owner directly, however do Google the phone numbers to check it isn't an agent pretending not to be one.

Or put an ad on gumtree saying you're looking for a flat and write (in capitals) 'no agents'.
OP ska  9 | 14  
8 Sep 2015 /  #3
Thanks jon357. We understand the importance of real estate agents, especially we are still learning Polish. In this regard, we do want him to be paid (somehow). However, personally it seems unfair since the agents are working for the landlords. I guess we can't simply refuse to pay the real estate agent??? If I had known this fact up front, we would have contacted one real estate agency to "represent" us (e.g., helping us negotiate the rent). Sorry for the rant...
Jardinero  1 | 383  
8 Sep 2015 /  #4
personally it seems unfair since the agents are working for the landlords.

Not working for, but simply representing... you should have asked when in doubt....

I guess we can't simply refuse to pay the real estate agent???

Let's be fair here - why wouldn't you? After all they've done their job by making arrangements and showing you around - were you expecting that they'll do that for fun??? That's how they make a living in case you were wondering...

Well, the agent is representing you also. You could ask them if the rent is negotiable, so no need to involve another entity...
Avalon  4 | 1063  
9 Sep 2015 /  #5
Welcome to Poland. This is how it works here. The agents are taking a commission from the buyer and the seller. Who are they acting for, fcuk nose!!!!, This is the way it works in Poland. In civilised countries, it would not be allowed as there is a conflict of interest. Not in Poland, its a case of FU, you should know the local laws. And, if you get ripped off, you have to learn from your mistakes. Exaggerating?

No, if anyone tells you different, they are lying.
Jardinero  1 | 383  
9 Sep 2015 /  #6
In civilised countries

Which ones? In the UK & US, you've also got to pay agency fees...
Marsupial  - | 871  
9 Sep 2015 /  #7
Yes and here.a ridiculous amount of tax too. It's cheaper in poland. Avalon I can tell from your posts you don't have real estate and never did.
OP ska  9 | 14  
9 Sep 2015 /  #8
Hello Jardinero and everyone. Please don't take me wrong. I don't mean that the agent should work for fun. That's obviously not what I meant. I wish, in this particular instance, that the expectations were explained initially. This would have saved everyone time and agony, since our budget is limited one way or another. Of course, these all may have been obvious to local people and we take it as a learning process.

Just to be clear to the future visitors, in Poland, you pay for the real estate agency. If you want to avoid confusion, ask them up front about the real estate agency's cost borne out of the tenants.
jon357  73 | 22999  
9 Sep 2015 /  #9
We understand the importance of real estate agents

Rule Number One. There is no importance, except for the property owner's convenience, if that. They are bottom feeders and it is always better to do it privately.

In civilised countries
Which ones? In the UK & US, you've also got to pay agency fees...

In the UK it is illegal for them to charge the tenant. It should be the same in Poland. For sales, there are so many desperate agents that more and more now just charge the vendor.
Roger5  1 | 1432  
9 Sep 2015 /  #10
we do want him to be paid (somehow). However, personally it seems unfair

Why do you want him to be paid? As you said yourself, it seems unfair. Estate agents should be avoided as far as possible. You don't need them.

Jon's advice is sound.
Jardinero  1 | 383  
9 Sep 2015 /  #11
Why do you want him to be paid?

If you go through an agent then you are understood to pay if you go for the place... I had several agents lately, and some have you sign a agreement you will not try to avoid their fees by dealing with the owner without them...

In the UK it is illegal for them to charge the tenant.

Really - since when? Last time I went through a major agent there was a fee....
jon357  73 | 22999  
9 Sep 2015 /  #12
In that case, you should report them to the local council's trading standards department. Some try to cheat (as do estate agents everywhere) especially if the customer is foreign. The authorities fine them if they are caught doing this.
eh?  
9 Sep 2015 /  #13
:D Avalon - except in Scotland, letting agents somehow get away with charging both landlord + tenant there too, its been getting worse for years , charge for everything they can think of some of them. only illegal in Scotland. Jon is wrong of course, only illegal in bbc.com/news/uk-scotland-33782744 legal (unfortunately) in other countries of UK as long as they clearly show fees before pen to paper to sign england.shelter.org.uk/get_advice/private_renting/costs_of_renting/letting_agent_fees_and_charges
jon357  73 | 22999  
9 Sep 2015 /  #14
Eh?, local authorities have the power to regulate lettings agencies within their areas. Very few permit an upfront fee, though agencies like all bottom feeders do try it on. So you are wrong, of course.

In Poland, they do it because they can get away with it for rentals. For sales it is getting rarer.
eh?  
9 Sep 2015 /  #15
no jon, as is increasingly the case lately, you're wrong sunshine. almost every uk letting agency except in Scotland charge fees if you rent from them, they charge BOTH tenant and landlord, average about 350 quid often more, so much for civilized countries...

theguardian.com/money/2015/mar/27/letting-agency-fees-cost-tenants-337-citizens-advice
InPolska  9 | 1796  
9 Sep 2015 /  #16
I bought flat in Warsaw just one year ago and I had to pay for real estate's fee (had to negotiate as they were not realistic ;))
jon357  73 | 22999  
9 Sep 2015 /  #17
Increasingly they're charging only the vendor - too many agents in the market so people can pick and choose, not that they're needed at all.

almost every uk letting agency except in Scotland charge fees if you rent

Nope. Local authorities regulate them.
eh?  
9 Sep 2015 /  #18
yeah the Guardian article tells you they regulate them inasmuch asthey try to get them to publish fees upfront. but earlier you said they don't charge fees. now you say they regulate agents. we know they try to regulate but you don't seem to be aware they charge fees to tenants, big time infact exc in Scotland

post 9 jon said > In the UK it is illegal for them to charge the tenant.
wrong except for Scotland and Scotland is only a part of the uk

nailed.
jon357  73 | 22999  
9 Sep 2015 /  #19
In Poland, as the OP found, a charge is normal. Half the first month's rent is at the lower end of the scale - there must be a bit of a price war in that location. There is an upper limit however it rarely reaches that.

By far the best thing to do is to avoid agents altogether.

nailed.

'Nailed"? You're behaving as if it's a. an argument, b. a thread about the UK and c. as if you were correct. Very strange.

In fact the UK situation is somewhat more complicated than you'd like it to be and the Polish situation is rather simpler.
eh?  
9 Sep 2015 /  #20
jon boy, u r the source of the comment in nr 9 : ,,In the UK it is illegal for them to charge the tenant. It should be the same in Poland.''

u introduced the uk into the discussion, and you got it wrong about the uk*, totally wrong except the back pedal bit about regulation which no one disputed, the regulation doesn't care about fees, they only care the fees are upfront advertised. and yeah jon because I am correct and u need a little nap today maybe. nite!

* exc scotland
jon357  73 | 22999  
9 Sep 2015 /  #21
Just how does that relate to real estate fees in Warsaw or other Polish cities?

To the casual observer (if they can actually be bothered to read what you've tried to write), it looks like you're attempting to turn a thread about real estate fees in Poland into a (semi-literate) argument about a situation you've only searched the net about in a country you don't live in and aren't from. You can rest assured though that I don't read your posts - they're neither coherent nor easy on the eye.

And they don't help the OP one little bit.

Weird? Very.
Harry  
9 Sep 2015 /  #22
Have you signed an agreement with him? If not, tell him you'll see him in court and pay him when the judge tells you to. If you have, be more careful about what you sign.
terri  1 | 1661  
9 Sep 2015 /  #23
Just read the whole thread.
The chances are that the students have willingly signed a law binding document provided by the estate agent. It is highly unlikely (bordering on impossible) that the agent would show them any rented flats before he got his agreement signed.

Unfortunately, it is no defence in court if they did not understand what they were signing. The contract is binding.
jon357  73 | 22999  
9 Sep 2015 /  #24
When I did it, we signed at the flat during the initial viewing (that was for rental) but did it the way you say when it was to buy. The rental one was that I'd pay if I rented that flat and wouldn't circumvent the agent.

If the've contacted an agent and just asked them to show various flats, it would happen the way you say Terri, and yes they've signed.

so are bound to pay if they take the flat.

I would advise the OP (if they need the flat quickly and/or it's a brilliant flat) to either pay the money or (if there's still time)walk away and look on Gumtree for flats without an agent (check the box 'od wlasciciela').
OP ska  9 | 14  
10 Sep 2015 /  #25
I am writing this, only to provide a coherent narrative to future readers. To clarify once again, the real estate agent (who is extremely nice and helpful) did not make us sign a contract until we agreed to take the flat. All communications were gone through the agency and we didn't even have the landlord's contact information. In the end, we paid the real estate agency fee (and signed a lease agreement with a landlord and an agency agreement with an agent). Since we are a group of foreign students in Wroclaw, it is quite daunting or impossible to take the agency to the court. And giving up on this flat after searching hundreds of ads and seeing so many flats over so many days seem unreasonable at this point (especially friends and strangers alike are telling us it will only get worse in Wroclaw as Oct approaches). Of course, we were to do this over again, we would look for flats without agents or simply ask the agent about their fees; in this way, we can compare the flats and their overall costs more accurately.

PS: such traditions are clearly ambiguous to foreigners in Poland. this thread would be easier to read and follow if a digression on UK laws is limited or hidden.
JWTinPL  
20 Mar 2016 /  #26
In addition to the information provided here, at what point of the negotiation are you expected to pay the agent fees?
Upon signing of lease agreement?
Upon collection of keys/moving in?

Many thanks

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