Appellate Practice Attorney serving New York, NY
If the agent has materially breached the listing agreement, you can rescind the agreement and list with another agent (unless the agreement provides otherwise, for example if it mandates notice of breach and a cure period.) If you do so before a Court has ruled in your favor, however, you risk the possibility that a Court will later find that the agent did not materially breach the contract, and that you breached it by engaging another agent.
Answered on Oct 29th, 2014 at 10:32 AM