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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 | Big Spring, TX| 03-27-2026| 75 views|Selling|Updated 1 month ago

Answers (14)

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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 (1 month ago)··
Kevin Neely

Keller Williams Realty Elite Partners · Spring Hill, FL

(76 reviews)
Usually no, not mid-contract. Once a home is under contract, the listing agreement becomes intertwined with the purchase contract, and firing the agent does not remove their earned commission interest. What you typically CAN do is request a change of agent within the same brokerage, which preserves the contract and reassigns the relationship. In Hernando County, I see this come up when communication breaks down late in the transaction -- appraisal issues, inspection negotiations, or closing coordination that the original agent is not handling. The cleaner path in Spring Hill is to escalate to the managing broker and request reassignment inside the brokerage rather than termination of the listing agreement. What I would do: document your specific issues in writing, email them to the managing broker, and ask for a brokerage-level solution. If the brokerage cannot fix it, you have more standing to negotiate a release, but the buyer side of the contract still needs to close on the agreed terms. Fix the service problem without blowing up the contract. -- Kevin Neely & Kaitlynd Robbins | K2 Sells
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04-15-2026 (2 weeks ago)··
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 (1 month ago)··
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Loodmy Jacques

Keller Williams Reserve · West Palm Beach, FL

(25 reviews)
You’re not completely stuck, but it’s not simple once you’re under contract. Your listing agreement is with the brokerage, not just the agent. You can ask the broker to assign a different agent and keep the deal moving. That’s usually the easiest fix. Firing them entirely mid-deal is harder. If they brought the buyer or started the transaction, they’ve likely earned the commission already, even if you switch agents now. You can still push for better service. Escalate it to the broker, document the missed deadlines, and set clear expectations for communication through closing. If things are really bad, talk to a real estate attorney before making a move. Best play here is to get a stronger agent from the same brokerage to finish the deal cleanly.
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04-15-2026 (2 weeks ago)··
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 (1 month ago)··
Billee SilvaSemi-Pro70 Answers
Billee Silva

Century 21 AllPoints Realty · Fort Myers, FL

(147 reviews)
You’re not automatically stuck, but with a listing agent mid-deal, it gets more delicate. Your listing agreement likely outlines cancellation terms.The bigger concern right now is protecting your transaction. Missed deadlines and slow communication can put the entire deal at risk. Instead of trying to switch agents mid-stream, your best move is to go straight to the broker. Ask them to step in, oversee the file, or assign a different agent to finish the deal properly. That way you keep things on track without blowing up the contract. After closing, you can absolutely address whether that agent earned your future business, but right now the priority is getting this deal to the finish line safely.
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04-08-2026 (3 weeks ago)··
Jordana Jared ProctorSemi-Pro46 Answers
Jordana Jared Proctor

Keller Willams Westfield · Orem, UT

(30 reviews)
You can switch, but it depends on your contract. Many agreements tie commission to the brokerage, not the agent. You may still owe it. Talk to the broker sometimes they’ll reassign you. I would also recommend having a face to face with your agent and go over your frustrations and expectations.
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03-31-2026 (4 weeks ago)··
Savannah ZarrisRising Star30 Answers
Savannah Zarris

Sellstate Vision Realty · Punta Gorda, FL

(91 reviews)
When you hire a listing agent, you sign a listing agreement. That agreement outlines the terms, including how and when it can be canceled and what happens to the commission. Now here is where it gets important. If you are already under contract with a buyer, your agent has technically done their job of procuring a buyer. In many cases, that means they are still entitled to their commission, even if you switch agents before closing. That said, you are not stuck working with someone who is not performing. You typically have a few options. First, you can ask to be released from the listing agreement. Some brokerages will allow this, especially if there are clear communication or performance issues. However, they may still reserve the right to collect commission on this specific deal. Second, you can request that a different agent within the same brokerage take over the transaction. This is often the smoothest solution mid deal because it keeps everything intact while giving you better service. Third, if there has been a serious breach of contract or negligence, there may be grounds to terminate the agreement entirely, but this is where you would want to involve a real estate attorney or speak directly with the broker. From a practical standpoint, changing agents mid transaction can sometimes create more disruption than it solves, especially this close to closing. But that does not mean you should tolerate poor communication or missed deadlines. My advice would be to go directly to the broker of the office, explain your concerns clearly, and ask for a solution. Most brokers will step in quickly to protect the deal and your experience. Bottom line, you may not be able to avoid the commission at this stage, but you absolutely can push for better representation for the remainder of the transaction.
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03-28-2026 (1 month ago)··
THE MADRONA GROUPRising Star24 Answers
THE MADRONA GROUP

John L Scott Ballard · Seattle, WA

(88 reviews)
This is one of those situations where the answer is “maybe,” but it’s not simple. Once you’re under contract with a buyer, your listing agreement is still in place. You can’t just swap agents mid-escrow without everyone agreeing to it, and your current broker still has a claim to the commission because they procured the buyer. That said, you do have options. First, go straight to the managing broker. Every agent works under a brokerage, and the broker can step in, fix communication issues, or even assign a different agent internally to finish the deal. That’s usually the cleanest move. Second, document what’s happening. Missed deadlines and poor communication are serious, but they don’t automatically void your agreement. It depends on the contract and whether there’s actual breach. Could you terminate the agreement entirely mid-deal? In most cases, no without consequences. You’d risk disrupting the transaction and still potentially owing commission. The practical move is this. Escalate it, get better support from the brokerage, and focus on getting to the finish line. Then decide what you want to do after closing. Not ideal, but blowing up the deal usually costs more than it fixes.
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04-02-2026 (3 weeks ago)··
Nick DeMersRising Star20 Answers
Nick DeMers

Northwoods Property Team | eXp Realty · Groveton, NH

(8 reviews)
That’s a frustrating spot to be in, and you’re right to address it now instead of just hoping it gets better. The short answer is you usually can’t just swap agents mid deal without consequences, but you’re not stuck with poor service either. There are a few ways to handle this, and the right move depends on how you want to balance risk, timing, and leverage. First, understand what you actually signed. Your listing agreement is between you and the brokerage, not just the individual agent. Even if you remove that agent, the brokerage is still entitled to the commission if the deal closes. So simply firing the agent does not automatically eliminate the commission obligation. That’s the part most sellers misunderstand. Where you do have leverage is in performance and oversight. If your agent missed a deadline and communication has been poor, that’s a legitimate concern. The first move I would make is escalate this to the broker in charge. You can say something like, I’m concerned about missed deadlines and lack of communication, and I need a higher level of oversight to make sure this deal stays on track. That puts the brokerage on notice and often results in a more experienced agent or the broker stepping in directly to manage the file. If the relationship is beyond repair, you can ask the brokerage to reassign you to a different agent within their office. That’s often the cleanest solution mid deal. You keep the transaction intact, avoid disrupting the buyer, and still get better representation through closing. Now, if you’re thinking about terminating the agreement entirely, that’s where it gets more complicated. You can request a release, but the brokerage is not obligated to give it, especially if you are already under contract with a buyer they procured. Even if they agree to release you, they may still claim a commission on this transaction. You want to be very careful here because pushing too hard can create legal and contractual friction right in the middle of your deal. The way I’d approach it is direct but controlled. Have a conversation that sounds like, I’m not confident in how this is being handled and I need this transaction managed at a higher level. What’s the best way for us to move forward so this closes cleanly? That gives them the opportunity to fix it without you immediately going to termination. Your goal right now is not to win a fight over commission, it’s to get this deal to the closing table with as little risk as possible. Once you’re closed, you have far more freedom to decide who you work with moving forward. In the meantime, use the brokerage structure to your advantage and get the support you should have had from the start.
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03-28-2026 (1 month ago)··
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 (1 month ago)··
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 (1 month ago)··
Jese GonzalezNovice7 Answers
Jese Gonzalez

Keller Williams Realty El Paso · El Paso, TX

(121 reviews)
If you’re already under contract, it becomes more difficult to “fire” your listing agent, but it’s not always impossible. In most cases, your listing agreement is still in effect through closing, so the agent technically represents you until the transaction is complete. That said, in Texas, you can request to terminate or switch agents within the same brokerage if there’s a breakdown in communication or trust. I’ve seen situations in El Paso where the broker steps in to reassign the file so the deal can still move forward smoothly. After 20+ years in real estate, my advice is to start by having a direct conversation with your agent or their broker. Most of the time, there’s a solution that protects the transaction and reduces stress without putting the sale at risk.
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04-09-2026 (2 weeks ago)··
Monika JacobsNovice1 Answer
Monika Jacobs

All City Real Estate LTD. Co. · Killeen, TX

Yes, if you’re not happy with their services and you have stated this to give them a chance to correct. If no change occurs, send a written statement.
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04-01-2026 (4 weeks ago)··
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