Hahaha, this is where you marry at leisure so you do not repent in haste.
Seller and broker should be in lockstep as to what kind and how much marketing is done during term of listing.
Did seller not know what marketing would be done? Did the broker agree to a plan? Those things definitely need to be carved before the listing is signed.
Broker probably doesn't have to cancel the listing.
But just like Alexandra said, why stay married to someone that doesn't love you. NEXT!
My listings have a mutual 7 day kickout clause. If you're not happy, bye. If I'm not happy, bye.
Ain't no lie, bye bye bye! LOL

In IL they must give 30 days notice in writing. Sometimes if the seller screams loud enough the agent/broker will let them out sooner. Not me - I've had people lie, cheat & it's the 30 day rule no matter how much I can't stand them. That's what email & texting is for.

Inna,

We would happily cancel, why create conflict?  

There should be a termination clause in the contract, there is one in our State agreement that is inserted by the Broker w/ their terms and conditions.

My only requirement is that I get it in writing but if they're not happy, they're free to go.

       My company policy is to let them go.  I put a Zero in the "cancellation fee" line on the listing contract.   I have only had a couple of cancellations; both cases were to take the house off the market and use it as a rental.

     This clause is from the Tallahassee BOR standard form:

Sounds like a transactional attitude and a mess.

I'm with Kevin J. May if I don't close with an advocate, my time was wasted.

If they signed a contract they are best off either letting it run and hope someone sells the home or they could pull the listing and keep it off the market until the agreement runs out Inna Ivchenko .

I've been the second agent to sellers who have fired their agents before. What worked best for them is the threat of contacting the Commission if the agent/brokerage did not let them out of their Contract.

There are termination forms in both NC & SC and sellers have the option to use them if they are unhappy with their service.

The seller has the right to cancel provided they reimburse the listing agent for all their receipted marketing costs.

We do have an obligation to our clients, hopefully my agreements will not need testing ever.

Follow the terms of the listing agreement. I prefer to have an easy out provision.

the broker/owner is the only person who can cancel that listing.... the listing belongs to the office.... if the agent does not do quality marketing but IS nmarketing, the broker does not need to cancel the listing.... 

If an agent on the team has a listing and the seller is not happy, we cut them loose.... we don't make a big deal of it....onward and upward....

This is something that would be decided at the Brokerage, not State staute here.

Sticky situation if you ask me.  

It depends on the terms of the contract. My guess is they can ask and the Managing broker can say "yes" "no" or "what if...".  Often times a managing broker may choose to reassign a listing to another agent rather than have an unhappy client.  If they won't I suppose a consultation with an attorney and threats to badmouth the office on social media may be in order. 

It depends on what the listing agreement says. All the listing agreements I've seen do allow for cancellation. That being said, some agreements won't allow the seller to put the home back on the market with someone else until the original contract timeframe has expired. 

It is not easy. I'm usually waiting for their listing to expire to relist.

Inna Ivchenko I do not think just the seller can cancel the agreement in MA. It is a two-party agreement and broker must agree.

If this situation would occur I would discuss with the broker since the listing was with the seller and the broker.

They can request a termination... afterall, it is a contract. That doesn't mean a broker is required to terminate the contract. By the same token, why would any broker hold a member of the public "hostage?" It's very bad pr. Now, if the listing agent has done an abominable job of marketing and listing the home, I've yet to run into a broker who has refused to terminate a contract. There is the argument that the agent did not live up to terms of the contract of promised services.

Expectation of the partnership... set them early on. But if the listing owner is not happy like a buyer who can not purchase after all the step to help them fail, let go or get dragged. Spend the ROI on listings you can sell without the turbulence. It is like an ER triage, help the ones you can save instead of laboring over the ones that sad to say are going to die no matter what you do. 

Legal remedies and the right remedy are often different. 

Complain to the local board is one way. Another is to state your peeve in writing to the Broker. Lastly, breaking a contract is easy to do but comes with consquences. You can break it for cause but may have to defend that cause

From what I have witnessed, brokers will release a listing with the seller agreeing to pay the full commission if they sell during the original listing period.

Interesting !!!

It is a legal contract.  What I do is not cancel, but i put it as not available to show.  That way if the seller sells to anyone they still owe the commission

In CO, the broker must release them.  I always put a clause into additional provisions, if they need to cancel (prior to going UC).

They can't cancel just because they "don't like the agent", but if incompetence is involved, it's a different story. They need to deal with the company broker and present facts. Usually brokers don't like to get into disputes even if the reason is trivial, so prefer to let the unhappy client go.

As far as I understand it in CA, a contract is a contract and the broker does not have to let the seller out.  If the seller finds a way out and sells with another broker during the original contract period, they could be liable for commission to both the new AND original brokers!

This is an area where sellers need to get a lot smarter.  Sellers must require a parachute clause in their listing agreement that allows them to FIRE the agent at any time prior to accepting an offer.  

That is an ACCOUNTABILITY clause that is not in the CA listing agreement.

I add a cancellation clause in additional terms in my listing agreements. I have yet to have a seller use it.   

On the other hand, I have used it with a few sellers.  

Why would you want to continue with a seller who wants to cancel?

It depends on what the contract says which may differ from a prudent course of action...

If the broker wants to stay in business. He needs to honor customer's request.

They may not be able to cancel if the broker holds them to the listing agreement.  Though I've rarely seen this enforced.  There can be fees for an early termination.

If they are not happy, they will make your life miserable.  I would walk away.

All listing agreements contain a significant paragraph regarding cancellation.

The more proprietary the contract (broker specific) the greater the potential for transgression against the homeowner.

MY Agreement with the homeowner is they can cancel at any time for any reason prior to accepting a purchase offers. They will need to reimburse any direct expenses related to their house. (i.e. I may have had something fixed)

A contract is can not be canceled by just 1 side. Most often we will withdraw the home for sale, but the contract remains in affect.

If there's a good reason they want it cancelled; like horrid mls pictures, no marketing, no updates then the right thing to do is cancel their listing. If the seller is just a big baby then they can be withdrawn & sit off the market for the term of the listing. 

If it is mutual then sign a release. Depends on the contract. 

Yes they can as long as it is in writing, sent via Postal Service.  The broker has no choice, the listing must be pulled

 In NC, they can request that- some firms charge a marketing fee, some BIC's get involved and see if it is something they can save for the firm...sometimes sellers just "change their minds"...look- if it is for what you believe to be honest/genuine reasonings...is it better to keep the relationship and just end the listing? Maybe...But- some sellers are just looking to get out of the deal- if the broker refuses to end the listing here- I have heard sellers do some crazy stuff- like decline all showings through our showing service or say a home is worth $500K...they tell the broker/firm they want to change the price to 1M...under that condition; they must adheer to that- so again, it will never be shown since it is so grossly overpriced- Good Luck