278. See HUD REPORT, supra note 201. 279. One panelist who is a fee-for-service broker explains this as his "flat-fee plus" choice, where, in addition to listing the house in the MLS and positioning it on several sites, he supplies the seller assistance once the buyer is found. In addition to the flat fee price of $495 paid at time of listing, the "flat-fee plus" choice needs the seller likewise to pay $1,500 at closing.
at 68 (explaining the alternative). 280. In an address at the beginning of the Workshop, (then Performing) Assistant Attorney General Thomas Barnett observed that minimum-service laws and guidelines can be seen as no various from states passing a regulation that states: "When I stroll into McDonald's and order a hamburger, I'm informed that I also have to purchase some french fries, because the state has actually decided that it might be deceptive or misleading or bad if I only got the hamburger, paid for it and didn't understand I wasn't going to get the french fries." Barnett, Tr.
Likewise, at http://holdenxwmh564.almoheet-travel.com/4-easy-facts-about-how-to-get-a-real-estate-license-in-florida-shown a current Congressional hearing on competition in the property brokerage industry, Representative Baker analogized minimum-service laws and policies to needing a customer to have his/her entire house painted when he or she just desired the porch painted. See Hearing, supra note 1, at 30 (statement of Rep.
Baker, member Home Comm. on Financial Solutions), available at http://frwebgate. access.gpo. gov/cgi-bin/getdoc. cgi?dbname= 109_house_hearings & docid= f:31541. pdf. 281. See Farmer, Tr. at 105 (noting that he competes versus traditional "representatives out there that offer little or no value to the deal."). 282. See Lewis, Tr. at 179 (" While some customers might be advanced enough to represent themselves in some or all of the steps of a transaction, the majority of are not.").
22, 2005, readily available at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (pricing quote Texas Association of Realtors claiming that minimum-service guidelines would avoid customer confusion); Peter G. Baker, Hiring a Broker: Should You Expect Less?, REAL ESTATE TIMES, Apr. 11, 2006, offered at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Federal government agencies] argue that with disclosures and waivers customers must be able to decline any brokerage service or responsibility.
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We do not, for instance, allow consumers to save money by employing doctors who cut expenses by not sanitizing surgical instruments or washing their hands."). 283. See Darryl W. Anderson, Minimum-Service Requirements in Real Estate Brokerage: A Response to Maureen K. Ohlhausen, ANTITRUST SOURCE, Jan. 2006, at 3-4 (arguing that minimum-service requirements are procompetitive since they foster price settlements prior to entering a representation arrangement 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 action 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 readily available at http://www.
htm. 288. Our review of fee-for-service broker sites exposes that customers appear to have all set access to costs that fee-for-service brokers charge for extra services beyond the MLS-only choice in advance of participating in a legal relationship. This finding undermines a necessary condition for the hold-up theory to be possible that customers only find out the rates for extra services after they have gotten in into an exclusive listing contract.
Ohlhausen, Minimum-Service Requirements in Realty Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (going over different theoretical and empirical factors why the hold-up theory does not appear to apply to fee-for-service brokerage). 289. See Farmer, Tr - how long does it take to get a real estate license. at 71-72. 290. Kunz, Tr. at 82-83. See likewise Perriello, Tr. at 152 (speaking for Cendant, and specifying that "we believe that consumers.
must have the ability to choose their service designs as well as the service provider of those services, whether they be minimal service or full-service"). 291. Sambrotto, Tr. how to get a real estate license in ohio. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CUSTOMER FEDERATION OF AMERICA, HOW THE Click for info REALTY CARTEL DAMAGES CONSUMERS AND HOW CONSUMERS CAN PROTECT THEMSELVES (June 2006), readily 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 Firm Reform: Fulfilling the Requirements of Buyers, Sellers, and Brokers, 25 PROPERTY L.J. 345, 350 (1997) (noting that agency relationships can be produced by actions).
Whatley, Tr. at 48. 299. Avoiding fee-for-service listings without disclosure to buyers, however, might raise problems worrying the fulfillment of fiduciary responsibilities. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Realty Associations Base On MLS-Entry-Only Listings, REAL ESTATE 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 conducted by a licensee pursuant to the permission shall not produce or indicate a company relationship between that licensee and the client of that unique broker."). 303. VA CODE 54. 1-2132( C) (reliable July 1, 2007) (" A licensee engaged by a seller in a property transaction may, unless restricted by law or the brokerage relationship, supply assistance to a purchaser or possible purchaser by carrying out 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. Real Estate Multi-List, 629 F. 2d 1351, 1374 (5th Cir. 1980) (" [W] hen broker involvement in the [MLS] is high, the service itself is financially successful and competition from other listing services is doing not have, guidelines which welcome the unjustified exemption of any broker need to be found 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 conversation of the different private lawsuits including alleged MLS-related restraints is beyond the scope of this Report.
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For a conversation of unique company contracts and other kinds of listing contracts, 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 Realty Solutions, 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., Details and Property Solutions, LLC, FTC File No (what is a real estate appraiser). 061-0087, at 6 (2006) (analysis to help public remark), readily available at http://www.
pdf. 314. See, e. g., Austin Bd. of Realtors, FTC Dkt. No. C-4167, at 17 (2006) (grievance), available at http://www. ftc.gov/ os/caselist/0510219/ 0510219AustinBoardofRealtorsComplaint. pdf. 315. Id. at 27. 316. See MiRealSource, Inc., FTC Dkt. felicia matthews No. 9321 (2007) (decision and order), offered at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Property Brokers of Rockland, Ltd., Dkt.