Due to the possible amount of the judgment involved in contract negotiatons, such as this, a qualified real estate attorney will seldom agree to take a case of this size on a "contingent" basis--meaning they are paid only if they win. Even when I engage attorneys in multi-million dollar construction defect cases, I cannot get the good ones (and, in such cases, you really only want the good ones) to take the case on contingency--they always want to be paid by the hour. If you can find an attorney who will agree to be paid only it they prevail, they'll take almost 50 percent of the recovered funds, so it doesn't make sense to you to get someone on this basis or, in the alternative, for an attorney to agree to a contingent case when the payment (even at 50 percent) would not cover their fees.
Again, my suggestion is to start with the agent's broker and to complain to him about his employee's behavior. If this does not work, then speak with an attorney. You may find that the broker is cooperative and that an attorney may not be required.
Area Pro Realty
San Jose, CA
If you have already tried to resolve this issue with the agent(s) and the Broker via phone, I would recommend that you contact the agent's Broker and let them know that you would like to get all your associated money back. Write a letter to the Broker of record, clearing stating your position and what has occurred. Include your (reasonable) requests for compensation. Send the letter via Certified Mail to the Broker and CC a copy to the DRE in Sacramento. I can just about assure you that you will be reimbursed for the true out-of-pocket expenses incurred, once the Broker is put on notice. To file a consumer complaint with the DRE, see the attached link.