Talk to his broker. All listings belong to the broker. If he or she won't release you from the contract (which the agent was required to give you a copy of) ask to be assigned to another agent.

We did try the broker route, he said, "no."
I guess we have to wait. And supress petty revenge thoughts...

Some otions:

#1) Take the house off the market. You are allowed to do this. It gets removed from MLS, the agent no longer has the listing. Then you start searching for other agents so you can list starting 3/15.

#2) Offer broker or agent $500 to let you out of the listing now. If they say no, then tell them you are going to take the place off the market then. (They either get $500 or nothing..you could up this to $750 as a last try.)

DON'T get mad/mean/emotional or finger point under any circumstance. Focus on the goal.

In the mean time, hire a certified appraiser to get today's market value. Should cost a few hundred dollars. This will help you set the new listing price correct immediately. If you aren't going to relist until 3/15, then wait until around 3/1 to get the appraisal (to allow for any new sales to be included).

Hang in there.

I would not pay them anything, but spend the money on an attorney writing a letter to them, about why you are cancelling the listing, if they refuse, you might consider suing for damages, based on the attorneys recommendation.
That should get their attention.

6 months from August is February not March. Even if you had an offer in October that didn't go through, I would imagine if you did not sign an extension, you were still under the original contract.

I would either write a letter or pay an attorney to write a letter as Sweet Tea suggests. I would be very nice, state the facts about how you do not have the contract, how you are unhappy and want either out of it or that you want a new agent. I see your profile says you are in NY.. hopefully one of the agents familiar with NY will stop in to give you advice.

I've seen something similar happen where a new contract was drawn up & a sig forged; it does happen. You need to find out what your rights are, I would start with the board of real estate for your area.

We fired a realtor in Los Angeles after 2 months into a 6 month listing agreement. She let 2 purchase contracts fall through within that short amount of time. The realtor herself would not release us from the agreement (she said she "didn't work for free") but I went to her manager and explained our issues with the realtor.

The manager offered to show/sell the property himself but we wanted completely out from the (large) agency. He asked for a documentation of issues/things that had happened and that was it. We were released from the contract and didn't pay them anything. I would not offer to pay them anything and feel no obligations to honor a contract that was not a mutually satisfying arrangement.

Just to give an update, in case anyone else faces a similar problem:
We are composing our grievance to the county association of realtors, but before we file we are giving them one last shot to avoid ugliness, and have contacted the regional office of the real estate agency we're with (it's a national chain). An assistant took down all our details, and a VP called back late yesterday, but it has been a game of phone tag. So we'll see what she has to say; hopefully she has a better sense of customer service and good will than our agent and his broker do.
Meanwhile, I appreciate the input and hearing of similar stories. Misery loves company right?

You might not have to go through all that;

call the broker, or go to the office, preferably with a witness, & ask if it isn't a requirement of the real estate commission that sellers be provided with copies of their listing agreements.

Unbelievable. We escalated this to the regional office VP, and STILL they are not releasing us. Basically they are believing the song and dance the agent gives them (he IS a fast talker, we knew that going in).
I am SO upset. I am beginning to compose a letter to the local association of realtors, but it's taking me a while to recreate the last six months into concise facts. Plus I'm thinking that by the time we have a hearing our agreement will expire anyway. Is it even worth it? Does anyone have an more advice? I feel like I'm having a stroke I am so upset...

I'd call the local association of realtors first and ask if you need a letter or if you can just voice your concerns.And yes, I'd follow thru even if the agreement expires.
This guy is betting on you whimping out and his ability to get away with this not just with you but with others. If you don't file a complaint he may pull this crap on someone else, maybe even someone you know and wouldn't you just feel awful if it happened and you could have put an end to it or at least put him on notice.

Sometimes a letter to your local paper works wonders as well. Companies hate bad publicity

Lock box on property--take it off. Make sure no one goes into the house without you knowing who, when etc. Someone like that could take anything ever so small and you might not even know it. Yes you can take it off--just send a certified letter, personally to agent/broker and say you changed your mind--but wait to choose a new agent for at least 30 days after mid March.
Remember these agents/brokers talk to other agents and who knows what they will say. The more trouble you cause, the least cooperation you will get from future agents. If it is with a large corporation (like Century21), everyone talks to everyone and yes they will talk and lie to local Boards.
I am sure they will come up with someone who wants to buy your place Cheap Cheap just to get you to sell. Stand firm get everything in writing, do no discuss anything on the phone, don't let anyone in your home without a agent etc. You take control, firmly, but polite.
I had a situation like that, only my agent just plain lied. My third agent sold with a 45 day escrow.
Document everything your agent says, be a secretary--take notes, what was said, when and by whom?

Did you ever get a copy of the contract?

Suspend the listing!!!! When the listing expires, get yourself another crappy agent.
(They are all crappy, don't fool youself into thinking some are nice, because they aren't.)

Oh I'm an honest agent...yes you are, you're just incompetent.

Oh I would always give comps...only the ones that sold for more than your house.

Oh didn't my (tag) partner send you that info?...Never go into a dual partnership-nobody ever knows what the other one is doing!

Good luck!

"(They are all crappy, don't fool youself into thinking some are nice, because they aren't.)"

That's very presumptious, saying that others wont do their homework.

Krista, I can understand your frustration with this situation, but the real objective here isn't to shop around for the best agent, it's to sell a house for the best price. You don't want to do stuff that will hinder your ability to do that, which is what getting into a big fight with this realty company will do.

Ultimately, the house probably isn't going to be sold by your agent anyhow. Some other realtor will show it and get you an offer. Your agent and others in his company know many people in the local real estate community, and kicking up a big fuss is going to turn some agents off and cause them not to show your house, or not to recommend it very highly to prospective buyers.

My suggestion is to go into the office tomorrow, sit down with your realtor and talk discuss your objections to whatever you feel he did wrong, let him give you his side, then shake hands and let the listing stand until 3/15. Don't cut off your nose to spite your face.

Writing letters to the local board of realtors, regional offices and whomever else isnt going to help you with this. I'm sure that they hear from people every day that are unhappy with their agents. Unless something unethical or illegal was done, you have nothing to stand on. Yes, you should have received a copy of your contract, but at this point its his word against yours. No one will be able to force them to release you without some sort of hearing which isnt going to happen before your expiration date. At this point they are not holding you to your contract because they believe they can sell your house. They are holding you because you are threatening them. Your best bet is to go in and talk to the broker, CALMLY. Yelling and screaming and accusing the agent of being deceptive and not doing this or that is only going to make them dig their feet in and hold you to it. The way things stand now, you are not going to sell your house while under their contract and they are not going to make the sale. So no one wins. You don't have to let anyone in your house and they know it. Maybe just saying to the agent and the broker that the relationship has deteriorated to the point that neither of you can work with each other will be enough for them to release you. But you have to remember, that it is a contract and they dont have to release you, so demanding it will do you no good.

Suspend the listing!!!! When the listing expires, get yourself another crappy agent.
(They are all crappy, don't fool youself into thinking some are nice, because they aren't.)

Ellysas if they are all crappy, why bother with getting another agent at all? What a ridiculous statement.

linda117-Writing letters to the local board of realtors, regional offices and whomever else isnt going to help you with this. I'm sure that they hear from people every day that are unhappy with their agents.

Thanks linda117, Its always nice to hear (from a buyer's agent) how ineffective it is to complain to a realty board. Even when the seller DOES have a point.

linda117 wrote-"Ellysas if they are all crappy, why bother with getting another agent at all? What a ridiculous statement."

ellysas-Your right, SOME (not all) agents really are crappy. Especially when they suggest that wrongly treated sellers humble themselves to lying, unethical realtors who would hold a clients house hostage so they can get an undeserved commission.

The seller should suspend the listing. This sellers agent doesn't deserve a single DIME of compensation for all the aggravation they have caused krista123. Now they are pulling a power play to keep her house OFF them market as long as they can even though THEY were the ones who screwed up? Jeeze.

Airforceguy is right. Contact a consumer reporter at your local newspaper. The right publicity will force the realty co. to make this right. Especially with all the negative subprime mortgage news being plastered all over the media. After its over, krista123 should post her negative experience in Craigslist/real estate, CityData, etc. Warn other people so they won't have to go through the same crap that you went through with this lying, unethical, (used car) salesman and their sleazy company.

When you hire another agent to sell your house, make sure you have a real estate attorney look over the agreement first. Have him/her put a claus in the listing agreement that says you can cancel your listing ANY time. Make sure you have a list of the specific services you expect, a timeline of when to expect these and a penalty ($) if they DON'T do these things on time (or at all).

Dreamgarden, if Krista were to follow your advice, she would likely sit and wait LONGER for her house to sell for LESS MONEY than it would have if this would have been handled as a business transaction and not a personal vendetta.

The fact that the agent and his agency won't release the OP from the contract leads me to wonder about this agency, UNLESS the agency has sunk some money into print advertising that is going to appear on the newstands in February and March.

Are sellers' agents routinely providing updated market analyses?

It is hard to understand what transpired between the agent and the OP when the OP was negotiating so hard that the buyers walked. Usually the issue is reversed: a selling agent recommending that you accept a lowball offer.

ky114-"Dreamgarden, if Krista were to follow your advice, she would likely sit and wait LONGER for her house to sell for LESS MONEY than it would have if this would have been handled as a business transaction and not a personal vendetta."

I don't see how following your advice is much better. They have had her listing since LAST AUGUST. The listing expires next month. I doubt she has that much to lo$e in 30 days versus what she has already lost, having to deal with them (and their crappy, unethical practices) for the past FIVE months.

The agent and Realty never handled it like a business transaction. They not only REFUSED to give her a copy of the contract, but did not fulfill their other obligations as well. THEY aren't listening so WHAT is there to talk about?

I hope krista123 follows bernieks' (RE agent) advice and has an attorney send them a strongly worded letter.

Next time do not sign an agreement for anything longer than 90 days.

Well, one last update (I need to stop obsessing about this for the sake of my health, which has been affected)...
We finally received a copy of the agreement in the mail yesterday. All the dates (signing, listing and expiry) were obviously filled in by the agent and it is a seven month agreement -- isn't this unusual? We talked about a six month agreement, and either the math was done wrong or he had some reason to put us down for seven.
We have tried talking reasonably with everyone (the agent, broker, regional VP) -- never raised voices, never took personal shots, simply expressed our dissatisfaction and desire to end the relationship since it doesn't seem to be working for anyone -- we have given it a fair amount of time, we think. We listed our grievances in a non-attacking way, since we think we're stuck in this b/c of the agent's GIANT ego. His ego is hurt ad he won't let it go. But it didn't work. So now we pay.
What can I say -- lesson learned. We will never sign for more than 90 days ever again and/or have a clear "get out of jail free" clause. Funny thing is, other agencies in the area (also franchises) offer performance guarantees, basically letting you out if you're unhappy. We managed to chose the ONE that doesn't. And the one (from Googling online) that seems to have a rep for being jerks like this.
Meanwhile we will try to remain reasonable and not cut off our nose to spite the face, as a previous poster warned.
I am quite literally getting a migrane right now, so no more computer screen for me. Just wanted to express my thanks for your input and support.

I don't think any franchise's state, regional, or national office is likely to do anything other than agree with the decisions of their franchisee.

What do they say about their reasons for refusing to release you?

Unless the agent has a buyer thinking about writing a contract on your home, or unless he thinks that you & a potential buyer have agreed to contract the sale after the listing expires, I'm puzzled by an agency's insistence on holding an unhappy seller to their listing contract, especially given the odd listing term.

I have had this situation arise only a couple of times, & my responses were different, depending on the circumstances:

1. Seller decided he didn't want to sell his old home...
which was under contract!
so he demanded that I terminate the listing & inform the buyer that the contract was terminated.
told him he needed to consult an attorney before *he*, not I, told the buyer any such thing, & told him he owed me the commission since I had done what I contracted to do.

He closed the sale.

2. Seller was an old friend of the listing agent.
When she left the company, seller wanted her to keep the listing, & I knew I couldn't make him want the agency more than he wanted that particular agent, so I released it.

Thanks linda117, Its always nice to hear (from a buyer's agent) how ineffective it is to complain to a realty board. Even when the seller DOES have a point.

Dreamgarden, you seem to know so much about my business, you should also know I am a sellers agent so the advice comes from both sides to try to help the OP out of her listing. The point is still the same, an agent or office does not have to let you out of a listing agreement, it IS a contract. How it is handeled from the beginning can make all the difference. I'll repeat again, unless something illegal or unethical was done, the boards will not get involved. (there is no proof the OP didnt receive a copy of the contract)

The only suggestion I have is check to see what this agent sent you because when we sold, we were given a copy of the contract that said this is for the seller. (sellers copy that we and the broker/agent signed. This is a truth and lending law. Check to see if your copy says that and it is not a photocopy of something else.

Sending you HUGS and a great big asprin and go one day at a time. .