Broker Jones had a listing to sell seller Smith's house. Broker Jones received an offer on the house and presented it to seller Smith who hesitated in accepting the offer. The broker promised Smith verbally to find Smith another suitable residence before escrow closed. On the basis of that, the seller accepted the offer. If broker Jones failed to perform during the time period, which of the following is most nearly correct?
1) The seller can sue the broker for breach of contract.
2) The seller has no legal recourse against the broker.
3) The seller can only sue the broker if there was a written agreement.
4) The seller can terminate the contract with the broker.