I went back and read your posts.
I see a couple of points that have not been addressed that might give you some options:
1. You hired the current Realtor to do a job - sell your home. The home has not sold.
a) ask the Realtor for a list of homes that have, since your home hit the market:
- come onto the market
-lowered their price
-gone into escrow
Ask your Realtor why your home has not sold.
I would think (not knowing all the facts) that if your current Realtor has not sold your home, and other homes are selling, the you could make the argument that you hired them to do a job.
This is not legal advice, and I also do not want to interfere with the relationship you have with your Realtor. I helped a client in Oklahoma in a similar situation and the bottom line was the Realtor did not understand that the owner NEEDED TO MOVE, and the property was way over-priced.
To put it another way, it you hire someone to do a job, and then the circumstances change, and they no longer are able to do the job, I think you could make a case that you need to find a person that can do the job.
So far as the commission aspect, I will only share my point of view. For me, when I take a listing, my job is to help the seller figure out if what they want to do will work. That means that in some cases if the sale price may reach a point where the owner cannot or will not sell, then I may not choose to take the listing.
OTOH, if we agree that they HAVE to move, and we agree that the price needs to be low enough to get offers, and we don't engage in a dialogue like "so, you need to sell, we need to price your home at $X to get it sold, are we agreed?" and at that point the owner says "I've changed my mind, I cannot sell for less than $X plus, I have two choices. Try to sell an overpriced listing, frustrating both me and the owner, or call it quits.
Have you had a dialogue like this? If you really need to sell, and homes are selling, then the truth is that your home will sell. My client in Oklahoma finally had a dialogue with his first Realtor. He said "I have to move. I am going to give you two weeks to get my house sold, or I'll find someone who can". It did not sell, he did find someone, and it sold in two weeks. Yes, my client did not make as much in the sale, BUT HE HAD TO MOVE.
Hope this might be helpful.