You can get out of a listing agreement, but the process depends on your contract and why you're trying to terminate it.
If your agent is unethical or failing to meet contractual obligations, you’ll usually have stronger grounds for cancellation. But if you're simply unhappy with the experience, ending the contract early may come with fees — or may not be possible at all.
If you're considering ending the relationship, here’s how the process works and what you can expect.
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Can a seller cancel a real estate contract?
Yes — but the terms for doing so depend on your specific contract.
Most residential listing agreements are exclusive right-to-sell or exclusive agency. Both are bilateral contracts, meaning both parties must perform. Your agreement should include details about:
- How long the contract lasts (usually 2–6 months)
- The services your agent must provide
- Any early termination or cancellation fee
- How to request termination
The easiest cancellations are tied to performance issues, such as poor communication, lack of marketing, missed deadlines, or unethical behavior. These concerns can give you a stronger case for release.
If the contract is close to expiring, waiting it out may be the simplest solution.
How to cancel a real estate contract
1. Review your contract
Look for sections on cancellation, fees, and required notice. Some agreements include:
- A flat or percentage-based cancellation fee
- Required written notice
- A minimum service period before cancellation is allowed
📝 Example cancellation clauses
Example 1: "Seller may terminate this agreement with 10 days’ written notice. A cancellation fee of $500 will apply to cover marketing and administrative costs."
Example 2: "If Seller elects to withdraw the property from the market prior to the expiration date, Seller agrees to pay Broker a withdrawal fee of $500 plus reimbursement of actual marketing costs. This agreement cannot be terminated during the first 60 days without Broker approval."
2. Document your concerns
Be clear about why you’re requesting termination, especially if it’s performance-related. Email is ideal because it creates a dated paper trail.
3. Talk to your agent
Explain your concerns directly. A civil conversation often leads to an amicable solution — including reassignment to another agent within the same brokerage. Since your contract is with the brokerage, a switch may be easier than ending the agreement outright.
4. Escalate to the broker
If your agent denies your request, reach out to the managing broker. Provide documentation showing that the agent failed to meet expectations or the terms of the agreement.
After reviewing your documentation, the broker will decide whether the agent failed to meet expectations or contractual duties. They may offer mediation, assign you to another agent, or approve an early cancellation. If they believe the agent met their obligations, they may deny the request and enforce the remaining terms of the contract, including any cancellation fees.
5. Consider legal help
If the brokerage refuses to cancel the listing, you may consult a real estate attorney. However, there’s no guarantee a lawyer can force a cancellation, and their attorney fees may outweigh the benefit of ending the contract early.
Top reasons sellers cancel a real estate contract
Not all reasons justify cancellation, but these are the most common and most legitimate.
- Poor or inconsistent communication: You should receive prompt updates, responses, and feedback. If your agent repeatedly misses calls, delays responses, or makes decisions without you, it may be grounds for termination.
- Weak marketing or no online exposure: Listings should appear on the multiple listing service (MLS) and major platforms like Zillow and Realtor.com. Lack of exposure signals poor marketing follow-through.
- Low-quality photographs or staging: Professional photos are standard in modern real estate marketing. Dark, cluttered, or unprofessional images can seriously harm your sale. Staging helps rooms look larger, cleaner, and more inviting, which leads to stronger photos and better first impressions online.
- Missed deadlines or limited effort: If your agent misses listing dates, delays showings, or fails to execute agreed-upon tasks, it undermines your ability to sell.
- Personality conflict: While not a contractual violation, a major personality clash can make the process stressful. Many brokers will allow a reassignment to another agent at their brokerage, even if they won’t cancel the contract.
- Unethical behavior: Examples include misrepresenting offers, changing commission terms without your consent, or violating fair housing or state regulations. These issues typically justify immediate cancellation.
Why you might not be able to cancel a real estate contract
Cancellation may be denied if:
- The agent has fulfilled their contractual duties
- Your reason is financial (e.g., switching to a lower-commission agent)
- You’re trying to avoid paying commission after the agent generated a ready, willing, and able buyer
- You attempt to sell privately to someone introduced during the listing period
Most listing agreements include a protection period: if a buyer who saw your home through the agent purchases it after cancellation, the agent is still owed commission.
What happens if you violate the terms of the contract?
Violations typically involve breaching the terms of the listing agreement — for example, selling privately to a buyer your agent introduced, refusing to allow showings, or canceling without following required notice periods. Even pulling the listing off the market without the broker’s approval can count as a violation if the agreement requires mutual consent.
Consequences vary by contract but often include paying an early termination fee or reimbursing the brokerage for expenses like photography, marketing, and MLS fees. In more serious situations — such as selling to a buyer the agent procured — you may still owe the full commission, even if the home is no longer listed.
If the breach is significant, the brokerage may also pursue legal action to recover fees or commissions. While lawsuits are less common due to cost and time, demand letters and formal collection efforts are more typical when the contract clearly outlines the seller’s obligations and financial responsibilities.
How to avoid needing to cancel a real estate contract
The best prevention is careful vetting before signing:
- Interview at least 2–3 agents
- Ask about communication style, pricing strategy, and marketing plan
- Ensure your personalities align
- Request a comparative market analysis (CMA) and ask how they set list prices
A service like Clever Real Estate can help you find realtors to interview by introducing you to top-performing agents who have the right experience for your sale.
You can compare great options upfront — not get stuck with the wrong fit — and, as a major bonus, pay only half the traditional listing fee. Sellers save an average of $7,000 without sacrificing service or quality.
- Answer 5 simple questions about your sale
- Get matched with 2–3 top local agents in minutes
- Compare options, choose the best fit, save up to 50% on fees
FAQ
Can I take my house off the market before the contract expires?
Yes, if the brokerage agrees in writing to terminate early. Otherwise, you typically must wait until the contract expires or pay an early termination fee listed in your agreement.
Can I sell my house privately (FSBO) after listing with a realtor?
Only under certain contract types.
- Open or exclusive agency: You may sell FSBO without paying commission if the agent had no involvement.
- Exclusive right-to-sell: You owe commission regardless of who finds the buyer.
Flat fee MLS services require signing with a new broker, which usually violates your existing agreement.
Does death terminate a listing agreement?
Yes. Death, insanity, or bankruptcy of the broker or the seller can terminate the agreement. However, estate processes like probate may delay the sale. Consult an estate attorney for specific next steps.
Can you fire your realtor?
Yes, but only the broker can release you from the contract. Many will do so to protect their reputation, while others may require a fee or deny the request. If the contract won’t be released, you may need to wait until expiration or seek legal advice.
