HomeAdviceSellingCan I fire my listing agent if we’re already under contract

Can I fire my listing agent if we’re already under contract

My agent has been a nightmare, slow communication and they missed a deadline in the escrow instructions. We are mid-deal. Can I switch agents now, or am I stuck with them until closing? I don't want them getting a full commission for work I feel like I'm doing myself.

Asked by Tim F| 03-27-2026| 18 views|Selling|Updated 15 hours ago

Answers (5)

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Barrett Henry

RE/MAX Collective · Tampa, FL

(6 reviews)
Switching agents mid-contract is technically possible but practically messy, and the timing matters. If you're already under contract with a buyer, your listing agent has already done the work that generated the deal, even if that work was mediocre. The listing agreement you signed likely entitles them to their commission once a ready, willing, and able buyer is under contract. Firing them now doesn't automatically mean you stop owing them the commission. In most listing agreements, the commission is earned when the deal is secured, not when it closes. That said, if your agent missed a deadline in escrow instructions, that's a legitimate performance issue. Start by documenting everything. Save texts, emails, and timestamps showing the missed deadline and slow communication. This protects you if things escalate. Your next step should be contacting their broker directly. Not to trash the agent, but to explain the situation calmly and factually. Tell the broker what happened, that a deadline was missed, that communication has been poor, and that you're concerned about the rest of the transaction being handled properly. The broker has a vested interest in making sure the deal closes and the client is satisfied. In many cases, the broker will step in to supervise the rest of the transaction, assign a different agent from the same brokerage to manage it through closing, or address the issues directly with the agent. What you probably can't do is bring in an agent from a completely different brokerage mid-deal without the current brokerage releasing you, and they're unlikely to do that with a commission on the line. You'd also create confusion for the buyer's side, the title company, and everyone else involved in the transaction. Mid-deal is the worst time for that kind of disruption. If the missed deadline caused actual damage to the deal, like a blown contingency or a contractual default, that's a different conversation and potentially one for a real estate attorney. If it was caught and corrected without material harm, it's still bad but not necessarily grounds to void the listing agreement. The most realistic path is to escalate to the broker, get better support for the remainder of the transaction, close the deal, and never work with that agent again. Once you're past closing, leave an honest review so other sellers know what to expect. If the agent's negligence caused you actual financial harm, consult an attorney about whether you have a claim.
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03-27-2026··
Amanda Courtney

REP Realty Group · Fort Myers, FL

(13 reviews)
You can fire an agent, but you cannot easily fire the Brokerage. Your listing agreement is a legal contract with the firm, not the individual person. If you are under contract with a buyer, firing the agent does not cancel the sale; you are still legally bound to the buyer. If you are unhappy, your best move is to contact the Managing Broker and request a "Replacement Agent" to finish the transaction so you don't risk a "Breach of Contract" lawsuit from the buyer.
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03-27-2026··
Phong TranSemi-Pro60 Answers
Phong Tran

Real Broker · Portland, OR

(4 reviews)
Yes, you can fire your listing agent mid-transaction, but it depends on the listing agreement you signed—most agreements are between you and the brokerage (not just the agent), so you may be able to request a different agent within the same brokerage first, which is usually the easiest fix; fully canceling the agreement during an active deal is harder and may require mutual consent, and the brokerage could still claim commission if the home sells to a buyer they procured (which it sounds like is already happening); if there’s clear negligence (like missed contractual deadlines), you have more leverage to negotiate a release or reduced commission, so your best move is to talk directly to the managing broker ASAP, document the issues, and push for either reassignment or a written amendment addressing compensation before closing.
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03-27-2026··
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Krystal FaticoniRising Star13 Answers
Krystal Faticoni

Thrive Realty Group · Huntersville, NC

(8 reviews)
You usually can’t just fire your agent once you’re under contract, and they may still be entitled to commission since they secured the buyer. That said, you do have options: • Ask the broker to release you from the agreement • Request a different agent within the brokerage • Escalate the issue (missed deadlines = a big deal) The quickest fix is often having the broker step in and assign a stronger agent to finish the transaction.
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03-27-2026··
Mehul PatelRising Star12 Answers
Mehul Patel

Century 21 Keim · Bethlehem, PA

You’re not necessarily stuck—but you also can’t always switch cleanly without consequences, especially mid-deal. It mostly comes down to the agreement you signed with your agent (often called a buyer representation agreement) and how far along the transaction is. In many cases, that agreement gives your agent the right to a commission if you close on a property they helped you secure—even if you switch agents before closing. So if you fire them now and still buy this same house, they may still be legally entitled to some or all of the commission. That’s why this situation can get tricky. That said, you do have options. The first step is usually to go to their broker, not just the agent. Every agent works under a supervising broker, and brokers take missed deadlines and poor communication seriously because it creates liability. You can request to be reassigned to another agent within the same brokerage while keeping your deal intact. This is often the cleanest solution—you get better service without disrupting the transaction or triggering a commission dispute. If you’re truly unhappy, you can also ask for a mutual release from your agreement. Some agents will agree to this to avoid conflict or a bad review, especially if you clearly document issues like missed deadlines and lack of responsiveness. However, even with a release, there may be a clause that protects their commission on this specific property since they introduced it to you. From a practical standpoint, switching agents mid-escrow can slow things down or create confusion unless it’s handled carefully. That’s why many buyers either (1) push for a new agent within the same brokerage or (2) negotiate a partial commission reduction or credit as a goodwill fix for poor service. My straightforward advice: escalate to the broker immediately, be specific about the issues (missed escrow deadline is a big deal), and ask for a solution—either a new agent or a commission adjustment. If they don’t respond well, then explore terminating the agreement, but go in understanding the commission may still be owed on this deal.
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03-27-2026··
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