278. See HUD REPORT, supra note 201. 279. One panelist who is a fee-for-service broker describes wesley (film) this as his "flat-fee plus" choice, where, in addition to listing the house in the MLS and placing it on a number of websites, he provides the seller support once the buyer is found. In addition to the flat cost price of $495 paid at time of listing, the "flat-fee plus" choice requires the seller also to pay $1,500 at closing.
at 68 (explaining the alternative). 280. In an address at the beginning of the Workshop, (then Performing) Assistant Chief Law Officer Thomas Barnett observed that minimum-service laws and regulations can be seen as no various from states passing a regulation that states: "When I stroll into McDonald's and buy a hamburger, I'm informed that I also have to purchase some french fries, since the state has actually decided that it may be misleading or misleading or bad if I just got the hamburger, getting out of timeshare paid for it and didn't understand I wasn't going to get the french fries." Barnett, Tr.
Likewise, at a recent Congressional hearing on competition in the genuine estate brokerage market, Representative Baker analogized minimum-service laws and guidelines to needing a consumer to have his or her entire home painted when he or she just desired the deck painted. See Hearing, supra note 1, at 30 (statement of Rep.
Baker, member House Comm. on Financial Providers), offered at http://frwebgate. access.gpo. gov/cgi-bin/getdoc. cgi?dbname= 109_house_hearings & docid= f:31541. pdf. 281. See Farmer, Tr. at 105 (keeping in mind that he contends against conventional "agents out there that offer little or no worth to the transaction."). 282. See Lewis, Tr. at 179 (" While some consumers may be advanced enough to represent themselves in some or all of the steps of a transaction, a lot of are not.").
22, 2005, available at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (quoting Texas Association of Realtors claiming that minimum-service rules would prevent consumer confusion); Peter G. Baker, Working With a Broker: Should You Expect Less?, REAL ESTATE TIMES, Apr. 11, 2006, offered at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Federal government companies] argue that with disclosures and waivers consumers need to have the ability to refuse any brokerage service or responsibility.
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We do not, for example, allow customers to conserve cash by working with medical professionals who cut costs by not decontaminating surgical instruments or cleaning their hands."). 283. See Darryl W. Anderson, Minimum-Service Requirements in Property Brokerage: A Reaction to Maureen K. Ohlhausen, ANTITRUST SOURCE, Jan. 2006, at 3-4 (arguing that minimum-service requirements are procompetitive due to the fact that they foster cost negotiations prior to going into a representation contract over what a fee-for-service broker will charge for all the services required by law).
See, e. g., GAO REPORT, supra note 3, at 16. 285. Thorburn, Tr. at 96. 286. Farmer, Tr. at 73. 287. In addition, in reaction to an FTC questionnaire, participants from Colorado, North Dakota, Vermont, and Washington kept in mind that problems against restricted service brokers were very little or nonexistent. The survey is available at http://www.
htm. 288. Our evaluation of fee-for-service broker sites exposes that consumers appear to have prepared access to rates that fee-for-service brokers charge for additional services beyond the MLS-only option in advance of getting in into a legal relationship. This finding undermines an essential condition for the hold-up theory to be possible that consumers just find out the costs for additional services after they have participated in an exclusive listing agreement.
Ohlhausen, Minimum-Service Requirements in Property Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (going over various theoretical and empirical factors why the hold-up theory does not appear to apply to fee-for-service brokerage). 289. See Farmer, Tr - how to become a real estate agent in va. at 71-72. 290. Kunz, Tr. at 82-83. See also Perriello, Tr. at 152 (speaking for Cendant, and specifying that "we think that customers.
must have the ability to pick their service designs in addition to the company of those services, whether they be minimal service or full-service"). 291. Sambrotto, Tr. how to get into commercial real estate. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CUSTOMER FEDERATION OF AMERICA, HOW THE REAL ESTATE CARTEL HARMS CONSUMERS AND HOW CONSUMERS CAN PROTECT THEMSELVES (June 2006), available at http://www.
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pdf. 294. Id. at 4-5. 295. See, e. g., Lewis, Tr. at 178-79; Sambrotto, Tr. at 114; Farmer, Tr. at 115. 296. Whatley, Tr. at 45-46. 297. See Katherine A. Pancak et al., Realty Company Reform: Fulfilling the Needs of Purchasers, Sellers, and Brokers, 25 REAL ESTATE L.J. 345, 350 (1997) (noting that company relationships can be created by actions).
Whatley, Tr. at 48. 299. Preventing fee-for-service listings without disclosure to purchasers, however, might raise problems concerning the fulfillment of fiduciary tasks. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Real Estate Associations Stand On MLS-Entry-Only Listings, REALTY TIMES, Feb. 24, 2005, readily available at http://realtytimes. com/rtapages/20050224 _ mlsentryonly. htm. 302. OHIO CODE 4735.
18 of the Revised Code and negotiations carried out by a licensee pursuant to the permission shall not develop or suggest a company relationship in between that licensee and the customer of that unique broker."). 303. VA CODE 54. 1-2132( C) (effective July 1, 2007) (" A licensee engaged by a seller in a real estate deal may, unless restricted by law or the brokerage relationship, provide support to a buyer or potential purchaser by performing ministerial acts.
304. WIS. CODE 452. 133 (6). 305. Sambrotto, Tr. at 90. 306. ForSaleByOwner. com Corp. v. Zinnemann, 347 F. Supp. 2d 868, 872 (E.D. Cal. 2004). 307. Id. at 879. 308. United States v. Realty Multi-List, 629 F. 2d 1351, 1374 (5th Cir. 1980) (" [W] hen broker participation in the [MLS] is high, the service itself is economically effective and competition from other listing services is doing not have, rules which invite the unjustified exclusion of any broker must be found http://gunnerdnzp888.yousher.com/not-known-factual-statements-about-how-to-get-a-florida-real-estate-license unreasonable.").
See, e. g., Thompson v. Metropolitan Multi-List, Inc., 934 F. 2d 1566, 1579-80 (11th Cir. 1991); Austin Bd. of Realtors v. E-Realty, Inc., No. Civ. A-00-CA- 154 JN, 2000 WL 34239114, at * 4 (W.D. Tex. Mar. 30, 2000). A discussion of the various personal lawsuits involving alleged MLS-related restraints is beyond the scope of this Report.
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For a discussion of exclusive company contracts and other types of listing arrangements, see supra Chapter I.A. 2. 310. See Farmer, Tr. at 74-75; Sambrotto, Tr. at 90. 311. NAR 2005 SURVEY, supra note 38, at 29-30. 312. Austin Bd. of Realtors, FTC Dkt. No. C-4167; Information and Property Providers, LLC, FTC File No.
051-0065; Williamsburg Location Ass 'n of Realtors, Inc., FTC File No. 061-0268; Realtors Ass 'n of Northeast Wisconsin, Inc., FTC File No. 061-0267; Monmouth County Ass 'n of Realtors, Inc., FTC File No. 051-0217. 313. See, e. g., Info and Realty Services, LLC, FTC File No (how to get into commercial real estate). 061-0087, at 6 (2006) (analysis to assist public comment), available at http://www.
pdf. 314. See, e. g., Austin Bd. of Realtors, FTC Dkt. No. C-4167, at 17 (2006) (grievance), offered at http://www. ftc.gov/ os/caselist/0510219/ 0510219AustinBoardofRealtorsComplaint. pdf. 315. Id. at 27. 316. See MiRealSource, Inc., FTC Dkt. No. 9321 (2007) (decision and order), available at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Real Estate Brokers of Rockland, Ltd., Dkt.