we want to cancel our agreement with our Broker

Ask your Listing agent for a Release. He/she will go over the stipulations.

You have some great advice here (Riley hit the nail on the head!). I would just like to amplify the section about the protectionary period (or procuring cause period). If you decide to continue later with the same brokerage, this is not an issue but if you decide to change completely, make sure that you get a release from contract in writing. Don't let that slip....

Kathy, you can usually get out of a listing agreement, but the cleanest way is to ask for it in writing rather than just letting it run, and your contract controls what it costs you. Pull out the agreement you signed and look for three things: the term (end date), any termination or cancellation clause, and the protection period (sometimes called a tail), which can obligate you to pay the commission if you sell to someone the agent introduced after the listing ends. Then call or email the agent and say plainly that you want to hold off until spring and ask for a written mutual release or cancellation. Many agents agree, especially if the home has not yet gone live, because they would rather keep a relationship than fight over a listing that cannot sell. If the agent refuses, your options usually include letting the listing expire on its end date, or taking the home off the market (a "temporary withdrawal") if the contract allows it, so you are not paying for marketing you do not want. Ask whether any fees are owed for work already done. Whatever you agree, get it in writing, and do not sign with another agent until the first agreement is formally ended. If the contract is unclear or the brokerage pushes back, a quick consult with a Georgia real estate attorney is worth it. I am a real estate professional, not an attorney, so please confirm with the contract language and an attorney. I work in the Palos Verdes and South Bay area of Los Angeles, so for Marietta I would point you to a strong local agent for the spring, and I am glad to connect you. Zoltan Peresztegi Zoltan

You've got options, and the easiest one is usually just a conversation. First, pull out the agreement and look for three things: the end date, any cancellation clause, and any fee for canceling early. That tells you where you stand before you call anyone. Then call your agent and tell them exactly what you told us. You still plan to sell, just in the spring. Most good agents would rather keep you as a client than fight you. Common ways this gets handled: Pause it. If the home is already listed, it can be taken off the market for now and relisted in the spring. Change the dates. You both sign an amendment pushing the start or end date out. Release you. If you'd rather start fresh later, possibly with someone else, ask for a written release. Whatever you agree to, get it in writing and signed. A verbal "sure, no problem" isn't enough. If the agent won't work with you, call their managing broker. Your agreement is with the brokerage, not just the agent, and brokers usually want happy clients more than a stuck listing. One thing to watch: many agreements have a protection period. If a buyer who learned about your home during the listing buys it later, a commission may still be owed. Read that part closely before you sign a release. I'm licensed in Virginia, not Georgia, so have a Georgia agent or real estate attorney look at your exact form if it gets tense. In most cases, though, a straight conversation solves this.

Honestly, I wish there were an easy answer to this question. The reality is, each broker is different, however the bottom line is it must be mutually agreed upon in writing between you and the broker. In most cases, its very straight forward and most agents would rather preserve their relationship with the client, thus agreeing. If you plan to use somebody else, just be honest with them.

You may not need to cancel at all, Kathy. Since you only want to push the sale to spring, ask your agent whether the house can come off the market for now, with the agreement's end date moved out to fit the new timeline. Plenty of agents would rather wait a few months than lose the listing. If you'd rather be fully released, read the agreement's termination section. Agreements differ here. Some let you end it with written notice, while others need the broker to agree. Also look for a clause that still owes a commission if you later sell to a buyer who saw the house while it was listed. Whatever you work out, get it in writing and signed by the broker, not only your agent. Since I work under a California license, confirm how this plays out in Georgia with a Marietta agent or a real estate attorney before you sign anything new. Alla Novytska, Realtor®, JohnHart Real Estate, DRE #02254775

Hey Kathy, as a Georgia agent I can tell you this is usually an easy conversation. Call your agent first and tell them you want to wait until spring. Most brokers would rather keep a good relationship than hold an unhappy seller to a contract. You’ve basically got two options. Ask for a mutual release in writing, signed by you and the broker. Or, if you like the agent, amend the agreement to push the dates to spring so you don’t start over. Before you sign anything, read the part about a protection period. If someone who saw the house during the listing buys it later, you may still owe a commission. If the broker won’t release you, a Georgia real estate attorney can review the agreement with you.

Kathy, tell your broker that your plans have changed and you want to wait until spring. Ask them to explain your options in writing under the agreement you signed, including whether you can postpone marketing, amend the dates or mutually end the agreement. Have that explanation address any fees, the agreement's expiration date and any obligations that would remain. Also clarify whether taking the home off the market would leave the brokerage agreement in place. Those are separate questions worth settling now so you know where you stand when you're ready to sell. Austin Moore Broker/Owner, Austin Moore & Company Real Estate Realtor in Longview, Texas

If you have a contract, you most likely can not just terminate your agreement without the brokerage releasing you. Refer to your listing agreement and read the exact language. Keith Jean-Pierre Managing Principal The Dapper Agents Real Estate Operations in ALL 50 States

Do you plan to use the same agent or interview different ones in the Spring? When it comes to contracts, it will all depend upon what it says. This is a mutual agreement between you and the broker. Did you already list the home for sale or is this before? Need more info to truly help you out here. Thanks