Can a RE Agent list a home if it’s still under contract?

[Gabriel Galarza]

My wife and I were the buyers in this case. We've placed a home under contract later to find out that it's not a good fit for us. We made the decision to not purchase the home during our due diligence period. Our Agent has provided a termination agreement to the listing agent. We haven't received a copy of the term notice signed by the seller for us to provide to our lawyer in order to receive our earnest money back. Our agent has requested (with no success) the listing agent to provide the signed document for our lawyer, I've also made an attempt to contact the listing agent (with no success as well). So, my question is the following, if the Seller hasn't signed the documents yet, or if we've not received the signed term agreement, is this house still under contract? It seems as if this agent was quick to relist the house on the MLS but is dragging his feet to get us the paperwork we need to obtain our earnest money back. Any advice for this situation?