I've had my house listed with an agent for 4 1/2 months on a six month contract. She's made several mistakes both on the MLS and the magazine ads, doesn't return phone calls. Is never available, won't provide us with flyers, until we nag her to death, she won't do open houses or mail outs. Her cell phone number was out of action for two weeks (this is the number listed on our marketing materials, flyers and sign). She doesn't return phone calls or emails for several days. She doesn't give us updates for weeks on end. This just a small list of grievances. When we ask about marketing she gets arguementative. We've asked her to let us out of the contract and we've asked her broker to let us out. the broker tells us to speak with our agent and our agent wants $500 to let us out of the contract. We don't feel we should pay her anything because she hasn't done what she promised when we listed with her. She also denies doing anything wrong. What are our rights? We want to list the house with a more competent agent.

We are in Nevada. Any advice would be greatly appreciated.

It is my policy to cancel the listing agreement if the client has a valid reason for being unhappy. Having a phone number that isn't working would be extremely valid. I teach my agents to come up with a marketing plan with the client at the onset of the listing.

As a broker,I also would try to recoup some of the marketing costs. Ask the broker to provide you with receipts for advertising.

It might be possible the broker has an agent that is better suited for your marketing needs.If not then look to the associaton of realtors in your area for a possible solution.

Good luck.

Without taking any sides the answer is a combination of what is in your listing agreement and two the law of your state.

On a side note you said it’s listed for 4 1/2. How much longer to you have in your listings. It might be just simpler to just wait for it to expire