When you hire a real estate agent or brokerage company you usually sign a contract. This contract will specify the length of the agreement and any obligations on behalf of the two parties. It is usually best to follow the contract and wait for it to expire before obtaining new real estate representation.

However, if you find that you no longer trust your real estate agent, you may want to terminate your contract.

Keep in mind that even if you terminate the contract your real estate agent may be entitled to a share of the sale price. In most contracts there is a safety clause or protection clause that allows the real estate agent to claim his commission within a certain time frame after the listing expires or has been canceled. The clause protects the real estate agent against collusion from the buyer and seller of the property.

Ask to Be Released from the Contract

Before escalating the situation, talk frankly with your real estate agent. If there have been communication difficulties in the past, your agent may agree to mutually cancel the contract. This is the best option for both parties because it does not involve any legal fees or other difficulties.

If the real estate agent refuses, contact the broker that employs the agent directly. In order to maintain their company's reputation, the broker will often agree to terminate the contract. If the broker is reluctant to end the contract, try requesting a new real estate agent. Often disagreements are with the agent and not the brokerage company; requesting a new agent will allow you to receive better representation without canceling your contract.

If you can convince either party to agree to amicably terminate the contract ask for a form called Termination of Buyer Agency. This form will cancel any prior oral or written agreements between you and your real estate agent. However, review this form carefully as it may require modification for your particular situation.

Contact a Real Estate Lawyer

If you cannot convince your real estate agent to release you from your contract you can contact a real estate lawyer. Before doing so, you should carefully weigh the benefits of canceling your existing contract with the additional cost of hiring a lawyer. If you do decide to hire an attorney to terminate your contract, notify the broker. The broker may decide to release you from the contract rather than spend money during a legal disagreement.