First off, allow me to say that licensing laws vary from state to state and region to region and there are most assuredly other groups like local MLS boards with their own procedures and rules as well.
An earlier post today by the illustrious Jeff Turner spoke about his very poor experience in selling a home. And that he put up with rather pitiful, unprofessional-well, just overall sorry-behavior because he felt that he was being honorable in keeping to the original agreement.
Folks, know this. You don't have to put with that kind of crap. And this is the only way you can find out that you have an option-since I'm not talking to anyone in particular, just offering up anecdotal information about possibilities. After all, each real estate brokerage is slap full of independent contractors operating their businesses in their own way.
If you want out, you have to do the initiating of the firing. You have to go through the brokerage-not just the agent-since that agreement you signed is technically with the brokerage. (Note to consumers: read that agreement you're signing and know that certain companies will simply reassign you at will if the agent that you think you hired leaves.) Let the agent know what they've done wrong (heck, allow an opportunity to correct mistakes if you feel so inclined-I for one appreciate an opportunity to correct an error if one was made). If you are still unhappy with your representation-FOR YOU ARE THE EMPLOYER WHETHER YOU ARE BUYER OR SELLER-contact the broker in charge and ask to be released from your agency agreement.
An honorable agent and brokerage will let you go your merry way and not create poison business by hog-tying you down by virtue of a piece of paper. I mean, let's be honest. Agents and consumers alike. If you are in a relationship that is being poisoned by one party or the other-can you truly communicate properly so as to bring a transaction to a successful conclusion? (Yes, agents out there, I'm saying FIRE the buyers and sellers who are impossible-this goes both ways.)
What if they won't let you out? Well, I hope that you at least requested a reasonable time period on your agency agreement and aren't tied up for two years or something ridiculous like that. If you've got a listing that's being held hostage, take up the sign. Refuse all showings. Make yourself completely difficult. If they realize that you're not going to allow the property to sell, you might just get released.
Bear in mind that no matter how much I love you and want your business, I CAN NOT approach you while you are bound to another agent. More than that, I WILL NOT because I take my ethics seriously. But you CAN approach me. That's the little secret (shhh).
Why, you may ask, is this silly rule/law even in effect? It was actually implemented to protect buyers and sellers from agents continually scheming after them, and to protect agents from other scheming agents. Instead, it winds up protecting weak agents who aren't good enough or strong enough to EARN your business. Those are the ones that don't want to release you because they are afraid that they can't replace you.
I say all of this with the knowledge that I say this to MY clients. It's in writing in my pre-listing package that you have an unconditional easy exit guarantee with me. If at any time you feel that I'm not living up to what I promised up front, or if you feel uneasy about me? Fire me. I'd rather part ways as friends who just aren't business-compatible than part as poisoned enemies. There's not a perfect fit for all buyers and sellers with all agents. If that were the case, there wouldn't be all these myriad personalities who are successful in this business.