To start out we live in California. We signed a listing agreement with an agent in July 2006. They convinced us to move out before we put the house on market, so we have been paying a mortgage and rent for 4 months now. The first month and a half they seemed like a great agent, but right around the end of September it became harder and harder to get ahold of them, to the point where it is November 29th and the last contact I've had with them was an email on November 4th. We wonder if buyers agents are even able to get a hold of them, and if not we could be missing out on a sale. Our contract is up with them the beginning of January, is it possible to sue them for the rent and/or mortgage we have been paying because it seems like they are not doing their job to sell our home?