Jones v. Maestas

This is a suit by a real estate brokerage, and its constituent realtors, to collect a sales commission under an exclusive listing agreement. We are asked to decide whether the realtors waived the exclusivity of their listing, committed fraud, or violated a fiduciary duty, by failing to caution the seller against signing additional listing agreements with other agencies. We also are asked to decide whether the listing agreement at issue here was valid despite failure by the brokerage to sign it. By a partial summary judgment the district court held that the agreement was valid and that the…