How and When to Switch Real Estate Agents
By
Key Takeaways
- You should switch real estate agents if your current agent repeatedly fails to communicate, lacks a marketing plan for selling, or acts unprofessionally.
- Review your contract for a cancellation clause that allows you to end the agreement early without penalty.
- If there's no cancellation clause, contact the managing broker to request a release.
- You may owe termination fees or—if you’re selling—a commission on buyers your agent already showed your home to.
- If you believe your agent breached the contract, document the failures before taking legal action.
Real estate agents are supposed to walk you through the whole home-buying process from start to finish. And in general, they have an insanely high satisfaction rating. Nine in 10 buyers say they would work with their agent again or recommend them to others.1
But there’s always the chance that you could be the 1 in 10 who ends up with a bad agent. That’s when you might have to part ways with that agent and find one that will be a better fit for you and your money.
Here's a Tip
You can switch real estate agents by reviewing your contract for a cancellation clause or requesting a release from the managing broker. Most agents would rather release an unhappy client than develop a bad reputation. Termination fees and protection periods may apply, so read your agreement carefully before making a move.
Is It Time to Switch Real Estate Agents?
You should think about switching real estate agents if your current pro fails to communicate, lacks a marketing plan (if you’re selling), makes little progress on buying/selling over a long period of time, or behaves unprofessionally.
Now, before you make a move, make sure you're dealing with a genuine pattern, not just a one-time hiccup.
We’re talking about some real deal-breakers:
- Dishonesty
- Failure to fulfill the obligations outlined in the contract
- Repeatedly lowering your asking price without comps to back up the change
- Lack of communication, not answering questions, or being evasive with answers
- An overall bad or rude attitude—to you or to others
|
Category |
High-Performing Agent |
Red Flag Agent |
|
Communication |
Returns calls/texts promptly and proactively updates you |
Goes days without responding and leaves you guessing |
|
Marketing (for Selling Agents) |
Has a clear plan and uses professional photos and data |
Vague about strategy with little to no follow-through |
|
Honesty |
Gives realistic comps and straight talk on pricing |
Tells you what you want to hear and adjusts price without data |
|
Negotiation |
Fights hard for your best deal |
Pushes you to accept offers quickly to close faster |
|
Speed |
Helping you buy/sell in a reasonable amount of time |
Makes little progress on buying/selling your home over a long period of time |
A pattern of red flags is your cue to move on. But don’t rip up your contract before you take the issue to the agent’s real estate firm. Real estate agents and the companies they work for depend on referrals from satisfied clients, so give them the opportunity to make things right.
How Do You Terminate a Real Estate Contract?
If you have a signed contract, you can’t just walk away. Check your contract for a cancellation clause, which will allow you to terminate your listing agreement before the contract expires.
Without a cancellation clause, the agent does not have to end the agreement early. But again, no agent wants to be known for forcing unhappy clients to stick to their contracts. If you explain the situation and respectfully request to end the agreement, most agents will agree.
And if the agent pushes back, take it to the managing broker (the supervisor of the real estate office the agent belongs to)—they have the authority to release you from the contract.
Here's a Tip
The best way to avoid switching agents mid-transaction is to interview at least three agents before signing anything. Ask about their communication style, their local market experience and—if you’re selling—their marketing plan. A few hours of due diligence up front can save a lot of headaches later.
What Are the Costs of Switching Agents?
Terminating a contract with your real estate agent is not always a clean break. You might have to pay your outgoing agent some money for the work they’ve already done:
- Termination fee: You may owe the agent money to cover up-front costs, like for marketing.
- Protection period/commission: If you sell to a buyer who first viewed the home while the original contract was active or if your contract doesn’t have a clean exit clause, you may still owe that agent a commission.
If you are unable to get out of your contract, you may have to wait for the contract to expire before signing an agreement with a new agent. Consider all this stuff before you sign!
What Is a Breach of Contract in Real Estate?
If the agent didn’t perform the duties outlined in the contract and you can prove it, you can claim breach of contract. Examples of breach of contract include:
- Failing to market your property
- Failing to disclose major property issues
- Failing to present all offers to purchase your property
- Showing you properties that they’re also the selling agent for
- Disclosing personal information about you, their client, to third parties
A word of warning: Accusing the agent of breach of contract could result in a lawsuit. That’s more drama than most homeowners want, so a better option may be to simply let the contract expire, especially if the term is almost over anyway. If you believe there’s been a genuine breach, consult a real estate attorney before taking action.
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Find an Agent You Can Trust
You don’t have to put up with a bad real estate agent. You deserve an agent who communicates clearly, markets aggressively, and acts with integrity from start to finish. Don't settle for less.
When you’re ready to find an agent you can count on to get your home sold or help find a new home, check out our nationwide network of RamseyTrusted® real estate agents. These high-octane pros are experts in your local market whose dedication to top-quality service has earned our recommendation.
Next Steps
- Read your current contract and look for a cancellation clause or termination terms.
- Contact the managing broker if your agent won't release you from the agreement.
- Find a RamseyTrusted agent who has been vetted for excellence in your local market.
Frequently Asked Questions
-
Can you fire a real estate agent if you signed a contract?
-
Yes, but you must follow the terms of the agreement. Look for a cancellation clause in your contract or contact the managing broker to request a release. Most agents would rather release an unhappy client than damage their reputation.
-
Do you have to pay a real estate agent if you fire them?
-
It depends on your contract. You might owe a termination fee to cover marketing expenses. You may also owe a commission if you sell to a buyer the agent already brought to your home—often called a protection period of if your contract didn’t include a cancellation-without-penalty clause. Review your agreement carefully before making any moves.
-
How do you tell your agent you want to switch?
-
Be direct and professional. Explain where the service fell short and request a written termination of the agreement. Get it in writing to protect both parties and prevent legal misunderstandings down the road.
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