Hello and welcome! My name is ***** ***** I am an attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
I am very sorry that you are dealing with this situation. This are difficult situations to deal with and in general the only recourse a seller has is to take the house off the market and wait until the expiration of the listing term and then relist with a different agent. I realize that this is not very practical.
Often agents do not like to work with clients that are not happy. If she is not ta principle broker at the agency you should discuss this situation with her supervising broker and request that she sign a mutual release and termination of the list agreement.
Another option and perhaps your best option if she or office is not willing to terminate the contract mutually and sign a waiver and release is to file a complaint against her with the NYS Division of Licensing Services: http://www.dos.ny.gov/licensing/complaint.html
The fact you suspect that she is staging buyers is misconduct that you should report on your behalf. If the NYS decides there is misconduct this likely would result in her agreeing to mutual terminate the agreement.
The issue with terminating is how the standard termination clause reads which typically says seller can terminate for any reason but if they do they are subject to paying commissions and costs associated with listing the property. It is a unfair provision and leaves the seller feeling powerless when they feel they have hired a bad agent.
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