STEWART v. SISSON

No. 04-1323.

711 N.W.2d 713 (2006)

Larry STEWART d/b/a Larry Stewart Realty, Appellant, v. Jeffrey P. SISSON, Appellee.

Supreme Court of Iowa.

March 24, 2006.


Attorney(s) appearing for the Case

Judith M. O'Donohoe of Elwood, O'Donohoe, Stochl, Braun & Churbuck, Charles City, attorney for appellant.

Joel J. Yunek of Yunek Isaacson, P.L.C., Mason City, attorney for appellee.


CADY, Justice.

In this appeal, we must decide whether an oral agreement between a property owner and a real estate broker for the broker to procure a buyer for the property without listing it constitutes a "listing agreement" within the meaning of a real estate commission rule requiring such agreements to be in writing. We conclude such an agreement is not a "listing agreement" and, therefore, reverse the judgment of the district court and remand for further proceedings...

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