If we are unhappy with our real estate agent’s performance are we able to cancel our contract with him and list with another agent?

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If we are unhappy with our real estate agent’s performance are we able to cancel our contract with him and list with another agent?

We did sign a 1 year contract giving the broker exclusive and irrevocable rights to our property for a year. We feel he hasn’t performance and were very clear from the beginning we would only sell to get into a specific house which we are on contingency. Our time is about to expire.

Asked on June 9, 2016 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the other party to a contract is not fulfilling his obligations, that breach can allow you to treat the contract as terminated. However, this works best with hard and fast, easily quantified and proven breaches, like failure to pay mobey when it is due. But a failure to perform like you describe is very subjective--some judges might agree that his lack of effort violates his obligations, others would not. If you were to treat this contract as terminated and were he to aue you to uphold it, he could win; therefore, trying to terminate this contract early could be risky for you.


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