Double agency problem on the example of professional liability of a real estate agent in Poland

The aim of this paper is to present regulations related to professional liability of a real estate agent, and an indication of the effectiveness of information issues. First of all, economic theory of agency will be used as a tool to characterize the relationship between the parties of a transaction. Next liability will be discussed, i.e. the agency contracts and agent’s professional liability − distinguished from civil and criminal liability. The theory of agency exists as a research tool in the new institutional economics. Its assumptions can be summarized as follows: The agent as a subject is acting on behalf of the principal who, in terms of the indicated target, according to his own preferences and possibilities performs actions leading in his opinion to the desired result by the principal. The relationship may form problems of information asymmetry, because the agent does not have to reveal his knowledge and capabilities, so the principal is not able to affect the method of implementation of an order. The identification of professional liability of a real estate agent comes directly from the set of his contract. Basic regulations defining agency agreements and identifications of professional liability arose during the political changes in Poland. Patterns come from different countries and different legal systems. Polish business practice used them in accordance with its capabilities. The observed patterns of work of agents’ representatives lead to the conclusion that they may lead to strengthening the presence of information asymmetry problems in the form of adverse selection or moral hazard. As a result, they can lower the information efficiency. A real estate agent can provide mediation activity by acting on the basis of multiple sources of contractual provisions. These include a contract of employment, contract work, self-employment or running a company. Regardless of the basis for their relationship with an employing person an additional (and primary) source of responsibility are agency agreements. Two types of contracts (open and with an exclusivity clause) impose different qualitative responsibilities on a agent. Regardless of the form of the activity they are associated with high risks connected with the provision of services on asset markets with high specificity and uniqueness of the transaction. Therefore, from an economic point of view attempts trying to reduce the occupational risk and market risk should be regarded as reasonable