Can I take my home off the market to get out of a real estate contract with a bad agent and if I can,?

If the broker refuses to do an unconditional withdrawal of the listing agreement you are pretty much stuck until the listing expires or until you become such a hassle for the broker note I did not say agent that just to get ride of you they sign off but you want an unconditional withdraw

You need to start a detail log, today, write down precisely the date, time, and problem with not only every issue with the agent but how the broker responds to the complaints you make to them about the agent, you want documentation of both

with this detailed info, I would be only calling the broker why? because in majority of the states the broker is the final authority and the agent just work under them, so in essence your listing agreement is really with the broker, so hold them to their fiduciary duty to you

If the broker refuses to fix the problem, tell them you will be making a formal complaint with the state real estate licensing board, and if the broker turns nasty or refuses to return you calls about their agent unprofessional behavior you will be making a formal complaint against the broker as well

But the detailed log is you key to be able to precisely establish a pattern with dates, times and content of both the agent and brokers conduct

Become enough pain in the brokers side and they will release you make sure it’s unconditional

You will probably need to speak to the managing broker of the agency for which your agent works to see if they will terminate your listing contract due to your issues. That's purely the choice of the managing broker, since your listing contract is actually with the agency and not with the individual agent.

The managing broker has the option of assigning a different agent from the firm to handle your contract.

FOLLOW UP: If you have spoken to the managing broker and that person has admitted that they have not fulfilled their end of the contract, THEN you need to contact your state's real estate commission to get the contract ended. The agency is in breach of contract. You CAN list the home with another agency, but be certain to explain fully what your situation is. The next agency needs to know what is going on, so it can act accordingly. Document EVERYTHING carefully, because listings with two different firms can cause major issues at closing, even with proper documentation.

If this real estate agency is not performing according to the contract you signed you should immediately write them a letter telling them you plan to terminate the contract.

You should also send a copy of the letter to the Real Estate Board in which this agency is a member. You will find them listed in the yellow pages or you might google local real estate board for your city or county.

Also you will be reporting them to the Better Business Bureau as well as the Real Estate Board of which they are a member.

You may simply cancel the contract and keep the house off the market for the length of the contract you signed with this agency.

I hope this has been of some use to you, good luck.

"FIGHT ON"

Assuming that you can document their failure to live up to their end of the agreement, the contract is null and void already.

Write one final letter to the broker outlining your dissatisfaction with their performance and give them a short time to remedy the issue. 7 to 14 days should be sufficient. Advise him that if he does not act with all due haste to resolve the matter, you will consider him to have broken the contract and will seek services elsewhere. His only recourse if you do that would be to try to sue for a portion of any commission once you do sell, but if your position is well documented he won't succeed in that attempt.

Read your listing agreement carefully, as long as there is no verbage regarding you owing them money to cancel early, I would demand that they cancel the listing immediately, or talk with your attorney.

Once you have a signed cancellation, you are free to list at any time.