You should seek the advice of your agent...Oh!...Wait!...you want to change agents. Kind of awkward, huh? You are seeking help from the internet instead of the advice of the person who was your trusted advisor.
Maybe you can seek the advice of your spurned agentâ€™s broker.
I would seek legal advice immediately.
Julie Montgomery, RE/MAX, Greenwood Village, CO
There are too many unanswered questions here for us to give you a definitive answer. It will of course depend on how your contract reads and what the deadlines are in the contract for the financing contingency to be removed. We are also wondering why you are changing listing brokers? You don't express that he has done anything wrong in this process. Talk through your issues with him and let him help you through this process. Where is your home; in Colorado or California?
Robert McGuire ASR
Your Castle Real Estate
Direct - 303-669-1246
If this is property is in Colorado, you most certainly can contract with a new broker and have the property re-listed in MLS tomorrow.
The loan Conditions deadline is important for you to research.
It also might be easier to give them the earnest money and your best wishes to resolve whatever issues they had that prevented them from taking the final step. Good Karma is more important than you think.
Even though it sounds like there's another whole issue between you and your agent, that's who you should be asking.