we signed a contract with an agent to sell our home. four weeks later we still don't have a copy of this contract although we asked for it many times. meanwhile, another realtor offered to sell our house for reduced commision. what can we do? under which circumstances can one fire an agent?

Questions regarding agency relationships and buying or selling contracts come up at various times in this forum and others.
It seems the solution may be summarized as follows to cover any situations.

(1) Have you talked to your salesperson and expressed your feelings?

(2) If not satisfied, talk to the salesperson's Manager and/or Broker to determine if there is a misunderstanding or conflict which may be resolved.

(3) If you feel you have a valid complaint regarding ethics or procedures, you may also wish to contact the realtors association and/or licensing body in your area.

(4) If still not satisfied, you may want to talk to your lawyer as you may be seeking a legal opinion. We are realtors working in different jurisdictions and not lawyers. You are of course free to seek independent legal advice at any time! Your lawyer may also give you guidance and suggestions regarding contacting licensing and regulatory authorities.

Hope this covers it all.

Norm Talbot
Moderator
Ontario, Canada
Registered Real Estate Broker and Licensed Salesperson in the Province of Ontario

What other reasons are there for cancelling the contract? Although not having a copy of the listing agreement is inexcusable, are you satisified with the relationship so far?

It sounds from you post that you want to cancel the agreement because another agent's reduced commission offer. (which by the way it is unethical for any agent to dialog with a homeowner while under contract)

Also, be sure to keep in mind that reduced commissions do not encourage all the local realtors to show your home. Reducing commissions on the sale of a home may result in a realtor not marketing your house as well. I would seriously think about this before trying to get out of the contract. If you are otherwise happy with your realtor I am sure you can work things out.

I would make a call to your agent, and remind them that they owe you Fiduciary responsibilities, one of which is ACCOUNTING. They ethically have to give you a copy of your listing contract. Their broker would be very interested to know this, btw.

Cheri, Realtor in Iowa