In Re Appeal In Juvenile Action No. J-86509

It is undisputed that on September 15, 1976, the parties signed a written listing agreement and that between September 15 and September 30, 1976, the Weavers sold their home through another broker. The complaint alleges that, for the period between September 15 and September 30, the agreement created an "agency listing." An agency listing is alleged, "under the custom and practice of the real estate profession," to entitle the broker to one-half the stated commission in the written agreement if the property is sold through another broker during the term of the listing. The prayer for relief asks for damages and a declaratory judgment that the agreement "constitutes an exclusive agency contract." An exclusive agency listing, plaintiff contends, would permit recovery of a commission if another broker sold the property but not if the owner sold it without any broker.