Of course, as you posted anonymously, I don't know where you are located. Hard for me to understand how you have a "client" who is legally a client of another agent. Unless you are only a buyer's agent in this case. Legally this person is obligated to current listing agent, but he should ask the agent's broker to fully release him from the contract if he can prove that agent is not really "doing his job." If the current agent is performing properly, it's hard to understand why this person would want to breach a contract just to list with someone else or why he should be released. A contract is a contract at the end of the day.

Any  contract can be breached...Count the costs and mark the cause

For me, the magic word is "contract".  There are some Realtors who release Sellers from contracts prior to the expiry.  I am not one of them. 

How can you have any client? If another agent already signed an exclusive listing contract with him already.  You have no agency relationship. 

Always there is a way to get out 

Great answers you got. 

Best of luck.

Depends on the wording in the contract.

Depends on the broker, not the agent.  

The answer is in the contract he has with the listing brokerage. 

Refer to the cancellation provision printed in the contract that the homeowner signed.

Somehow, I think you should know this already if indeed you have license to refer to this one as a client.

He has to read his contract.

The contract is with the Broker not the agent. The broker can either replace the agent with another agent thats licensed with the broker or can agree to terminate the contract.

Ahhh . . . we all get people who are having problems with some other agent, some other broker, a situation that is outside our scope . . . it's hard to not help them, but the seller needs to consult with the written agreement, the managing broker and legal counsel.

What Annette Lawrence , Palm Harbor, FL 727-420-4041 said...

Ms. Anonymous, read the contract.

It depends on the terms in their contract. Otherwise only if the listing brokerage agrees to release him.

Reference to the T&C of the contract would be necessary.  It may be necessary to refer to legal counsel.

How is your client a client of yours when you state that the client has the house listed with another agent?

This is an attorney question - and if the listing agreement has 'exit' clause, it may be possible - again, check with attorney.

good luck getting an answer to this question

It would be better discuss with your current broker how to proceed.

First thing he should do is let his agent know that he is unhappy, most people will release you from the agreement.

Read the listing agreement very carefully and consult with a lawyer.  That's your best bet.

It depends. I would check with S.C. State regulations, and refer him to his attorney.

Only if there is a good reason, not because he remembered that you exist and want the business.

Depends if the agent will give him a release of the listing contract.

If someone wanted out I'd say we're done.

Go by the terms of the agreement.

I am not guiding him to do so, I just didn't know if the laws were different in different states. I have told him to stay with his broker however he is so upset with the agent that he want out of his contract. Thank you.

In IL, he has to give 30 days notice in writing but the initial term must be up also (90-120 days).

Agency relations can be terminated at any time; however there could be some performance issues if this seller does not have a good reason to terminate.  I would never advise someone how to terminate an agency relationship.

 First are you licensed in South Carolina ??