Can an online auctioneer charge the maximum amount set by a bidder if the amount of the item being bid is less than the last bid?
Publication date: March 11, 2026
Regulation of concluding a sales contract by auction according to the Civil Code
Pursuant to Article 701 of the Polish Civil Code, a contract – including a sales contract – may be concluded through an auction or a tender. These two distinct contract-formation methods are distinguished by their specific characteristics, which include the multilateral and eliminatory nature of the procedure. Both procedures allow for the conclusion of a contract with the participant offering the most favorable terms from among many potential contractors, on equal terms and in compliance with the principles of free competition.