You signed the papers. You handed over the keys to market your property. Now, the phone isn’t ringing. The open houses are empty. You’re paying for a service that seems to have vanished into thin air. Panic sets in. Is your agent ghosting you? Or are they just bad at their job?
The answer to “can I fire them?” depends entirely on what you wrote down before you shook hands.
Most homeowners assume a real estate agreement is a handshake deal wrapped in legal jargon. It isn’t. It is a specific operational manual. If your expectations aren’t explicitly defined in that document, you are likely stuck in a contract that favors the agent, not you.
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The Power of the Written Contract
Sheryl Bilbrey, CEO of the Better Business Bureau’s San Diego and Imperial Counties office, sees the fallout regularly. The number one complaint she receives? Sellers feeling misled about exposure. They believed their home would be shown daily. The agent thought “showing” meant listing it on the MLS once a month.
Without specifics, “not performing” is subjective. With specifics, it is a breach of contract.
When you sign a listing agreement, you must define the terms of engagement. Vague promises are useless. You need concrete metrics. Do you want a showing twice a month? Write it down. Does an open house count if the agent just drives past the curb without inviting anyone in? Define what constitutes a valid showing.
Defining “Showings” and Advertising
The friction point is almost always the marketing plan. You need to ask the hard questions before you sign.
- Frequency: How many times per month will the home be physically shown to potential buyers?
- Definition: Does a drive-by count? Or must a buyer enter the property?
- Open Houses: If inventory is low, will the agent host one? If so, how will they advertise it?
- Online Presence: Which platforms will host your listing?
If the contract states the agent will advertise on Zillow, Trulia, and hold two open houses a month, and they don’t, you have leverage. You can terminate the agreement and find a new agent who will actually do the work.
“If it’s written and not performed, that’s breach of contract, and you can exit the contract,” Bilbrey says.
What If You Didn’t Write It Down?
If you signed a generic agreement without these details, you are in a tougher spot. You likely cannot unilaterally break the contract without legal consequences. You are bound by the terms until the expiration date.
In this scenario, you have to become the squeaky wheel.
Stop waiting for updates. Call your agent. Grill them. Ask for a detailed log of every activity:
* Who showed the house?
* What feedback did they give?
* What marketing channels are currently active?
* What is the plan for the next two weeks?
Make it difficult for them to be lazy. Demand evidence of their efforts. If they can’t provide it, you may need to consult a real estate attorney to see if their negligence constitutes a breach, even if the contract is vague. But be prepared for a fight.
The Bottom Line
Real estate is a business transaction. Treat the listing agreement like a service level agreement (SLA) for a software provider. You pay for results. You need to define what those results look like on paper.
If your agent is failing to deliver, and the contract is clear, walk away. If the contract
