A-00-CA-154JN, 2000 WL 34239114, at * 2 (W.D. Tex. Mar. 30, 2000). 87. DelBianco, Tr. at 182. 88. Id. 89. Id. 90. Id. at 186. 91. Examples of FSBO sites include: ForSaleByOwner. com, http://www. forsalebyowner.com (last checked out April 20, 2007); FSBO.com, http://www. fsbo.com (last checked out April 20, 2007); craigslist. org, http://sfbay.
com, http://www. homesbyowner.com (last checked out April 20, 2007). See Thorburn, Tr - how to choose a real estate agent for selling. how to become a real estate agent in va. at 97-98 (keeping in mind the range of tools readily available to FSBOs). See also GAO REPORT, supra note 3, at 20. 92. Sambrotto, Tr. at 86. 93. See ForSaleByOwner. com Corp. v. Zinnemann, 347 F. Supp. 2d 868, 870-71 (E.D. Cal.
com company design). 94. Henderson, Tr. at 154. 95. Id. at 155 - how much does it cost to get a real estate license. 96. This assistance can include: locating and setting up for assessment of homes by prospective buyers; offering potential purchasers with details such as relative home values and latest asking price; helping in the settlement process; and assisting to schedule and prepare for closing of the deal.
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Henderson, Tr. at 156-57. 98. NAR 2006 SURVEY, supra note 4, at 77. 99. Id. at 80, 68. 100. NAR 2005 STUDY, supra note 38, at 59. 101. See Hahn, Tr. at 29-30; AEI-Brookings Paper, supra note 3, at 13 n. 49; Nadel, supra note 25, at 4-5. 102. See Perriello, Tr.
at 174 (keeping in mind that all conventional business "have a substantial online existence"). 103. NAR 2006 STUDY, supra note 4, at 44. 104. See Whatley, Tr. at 160-61. 105. Id. at 210-11. 106. Id. at 161. 107. Id. 108. E.g., ForSaleByOwner. com, http://www. forsalebyowner.com (last gone to April 20, 2007); FSBO.com, http://www.
com, http://www. homesbyowner (what is cam in real estate).com (last visited April 20, 2007). 109. See, e. g., JustRealEstate. org, http://www. justrealestate.org (last checked out April 20, 2007). 110. See, e. g., Mortgage101. com, http://www. mortgage101.com (last gone to April 20, 2007). 111. See, e. g., Zillow. com, http://www. zillow.com (last checked out April 20, john wesley quote do all the good you can 2007). 112. Shortt, Public Comment 311, at 1.
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Perriello, Tr. at 149. See likewise Whatley, Tr. at 160-61 (keeping in mind that customers now might investigate online not only houses for sale, however also the whole purchasing and selling procedure). 114. American Bankers Association, Public Remark 10, at 3 (remark). See also Perriello, Tr. at 149 (listing numerous functions of property websites, including residential or commercial property images, virtual tours, abundant text, mapping functionality, and community information); Sambrotto, Tr.
You can publish color images. You can post virtual trips. And you can have that info easily searched and regularly searched by purchasers from their own houses on the [I] nternet."). 115. DelBianco, Tr. at 185. 116. NAR 2005 STUDY, supra note 38, at 29. 117. NAR 2006 STUDY, supra note 4, at 37. In most states, there exists a single licensing board. Even more, NAR membership is needed for all agents and brokers that belong to the vast bulk of MLSs in the United States. Such entities are most likely to get financially from increased entry into the brokerage industry. 220. See Hsieh & Moretti, supra note 139, at 1089 (" as long as the commission rate is fixed, the amount of time that realtors commit to prospecting and farming relative to in fact offering a home or finding a proper house for a purchaser increases as the market becomes more and more competitive, that is, as more realtors are chasing the exact same variety of customers").
Id. at 1089 (" the expense of finding a client increases with the number of real estate agents in the market, without necessarily producing extra advantages to the consumer"). 222. These data originate from the "total house offering cost" field in the Bureau of Labor Stats' yearly Customer Expenditure Study from 1980-1990. This field likewise consists of selling costs aside from commissions, like closing expenses and attorneys fees, so it is likely to overstate the actual commission rate.
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Id. at 1082. 223. Id. at 1118. 224. Id. at 1116-17. 225. See Hsieh & Moretti, supra note 139, at 213 and accompanying text. Yun showed evidence of entry as an outcome of the recent housing market boom, as well as proof that NAR membership has actually differed directly with housing rates for a minimum of the previous 20 years.
226. According to REAL Trends information, the variety of transaction sides per agent declined from 12. 7 in 2000 to 10. 2 in 2005. See http://www. remax-cahi. com/esource/marketingmaterials/ 2005realtrends500. pdf; and http://www. realtrends.com/past_newsletters. asp?article= newsletters/2005 _ 04_6. htm. 227. NAR, Public Remark 208, at 12. 228. Yun, Tr. at 225. See conversation in Hsieh & Moretti, supra note 139, at 1116 (estimating $1.
2 billion social waste arising from excess entry in 1990). 229. See Hsieh, Tr. at 233 (" [T] he real puzzle in the realty service is why does there seem to be this reasonably fixed commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I make certain lots of people today have explained, the puzzle is why the percentage commission has actually been so stubbornly consistent."); Hsieh & Moretti, supra note 139, at 1086 (" The obvious uniformity of commission rates presents an enormous puzzle, especially if one thinks that the cost and effort necessary to offer a house do not increase one to one with the cost of real estate.
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230. ALA. CODE 34-27-36 (1975 ). 231. ALASKA STAT. 08. 88.401 (Michie 2005). 232. KAN. STAT. ANN. 58-3062 (2006 ). 233. LA. REV. STAT. ANN. 37:1455 (West 2006 ). 234. MISS. CODE ANN. 73-35-21 (2006 ). 235. MO. REV. STAT. 339. 150( 2006). 236. N.J. STAT. ANN. 45:15 -3. 1 (West 2006). 237. N.D. CENT. 1( 2006). 238. OKLA. STAT. ANN. tit. 59, 858-312 (West 2006). 239. OR. REV. STAT. 696. 290( 2005). 240. IOWA CODE 543B.60 A( 2005 ). 241. Based upon weighted average sales cost of new and current houses in timeshare donations to charity 2005($ 271,263), the buyer's broker's share of a $13,834 commission would be $6,917. A buyer who is rebated half of this would get $3,459.
242. See, e. g., California Retail Liquor Dealers Ass Click here to find out more 'n v. Midcal Aluminum, Inc., 445 U.S. 97, 105 (1980) (entity declaring state action immunity from federal antitrust laws need to demonstrate that its actions are (1) pursuant to a clearly articulated state policy purposefully displacing competitors with an alternative regulatory scheme and (2) actively monitored by the state or a qualified government firm or authorities).
2003), readily available at http://www. ftc.gov/ os/2003/09/ stateactionreport. pdf (evaluating state action resistance doctrine). 243. See, e. g., Hoover v. Ronwin, 466 U.S. 558, 568 (1984) (" Closer analysis is required when the activity at concern is not straight that of the legislature or supreme court, however is brought out by others pursuant to state permissions."); Southern Motor Carriers Rate Conference v.