Real Estate Law
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You can get this listing agreement terminated. What you want to do is raise the stakes on them. You should send the agent one more letter by certified mail, with a copy to the agent's broker, telling the agent that you are totally dissatisfied with their services and demand that they agree to voluntarily terminate the listing agreement effective immediately. Inform them if they do not agree, then you will have no choice but to file: i) a formal complaint with the state board of realtors; and ii) a civil suit against them for your damages, BUT inform them that you will not only be filing this suit as a breach of contract suit, but also as a deceptive trade practices act for their intentional misrepresentation of the services to be provides, which will entitle you to punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your complaint and your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, the agent will agree to a termination rather than risk punitive damages. the deceptive trade practice judgment, and the bad publicity that accompanies such a suit.
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