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 Have a peek here 186. 91. Examples of FSBO sites include: ForSaleByOwner. com, http://www. forsalebyowner.com (last gone to April 20, 2007); FSBO.com, http://www. fsbo.com (last visited April 20, 2007); craigslist. org, http://sfbay.
com, http://www. homesbyowner.com (last checked out April 20, 2007). See Thorburn, Tr - how to get started in real estate. what is a cma in real estate. at 97-98 (keeping foreclosed timeshare in mind the variety of tools 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 organization model). 94. Henderson, Tr. at 154. 95. Id. at 155 - what is an encumbrance in real estate. 96. This help can consist of: finding and scheduling examination of residential or commercial properties by potential purchasers; supplying prospective purchasers with details such as relative home worths and latest market price; helping in the settlement procedure; and assisting to schedule and get ready for closing of the deal.
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Henderson, Tr. at 156-57. 98. NAR 2006 STUDY, supra note 4, at 77. 99. Id. at 80, 68. 100. NAR 2005 SURVEY, 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 (noting that all traditional business "have a considerable online presence"). 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 checked out April 20, 2007); FSBO.com, http://www.
com, http://www. homesbyowner (how to become a real estate developer).com (last gone to April 20, 2007). 109. See, e. g., JustRealEstate. org, http://www. justrealestate.org (last visited April 20, 2007). 110. See, e. g., Mortgage101. com, http://www. mortgage101.com (last checked out April 20, 2007). 111. See, e. g., Zillow. com, http://www. zillow.com (last gone to April 20, 2007). 112. Shortt, Public Comment 311, at 1.
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Perriello, Tr. at 149. See also Whatley, Tr. at 160-61 (noting that consumers now may look into online not just houses for sale, however likewise the entire buying and offering process). 114. American Bankers Association, Public Remark 10, at 3 (remark). See also Perriello, Tr. at 149 (listing a number of features of property sites, consisting of property images, virtual tours, abundant text, mapping performance, and area details); Sambrotto, Tr.
You can post color photos. You can publish virtual trips. And you can have that information quickly browsed and frequently browsed by buyers from their own homes 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 the majority of states, there exists a single licensing board. Further, NAR membership is required for all representatives and brokers that come from the vast majority of MLSs in the United States. Such entities are likely to acquire economically from increased entry into the brokerage market. 220. See Hsieh & Moretti, supra note 139, at 1089 (" as long as the commission rate is fixed, the quantity of time that real estate agents dedicate to prospecting and farming relative to in fact selling a home or discovering an appropriate home for a buyer increases as the market ends up being more and more competitive, that is, as more realtors are chasing the very same number of customers").
Id. at 1089 (" the cost of discovering a customer increases with the variety of realtors in the market, without always creating fringe benefits to the customer"). 222. These information originate from the "total house selling expense" field in the Bureau of Labor Statistics' yearly Consumer Expenditure Survey from 1980-1990. This field also consists of selling expenses aside from commissions, like closing costs and attorneys charges, so it is likely to overemphasize 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 revealed proof of entry as a result of the current housing market boom, along with evidence that NAR subscription has differed directly with housing costs for a minimum of the past 20 years.
226. According to REAL Trends data, the variety of transaction sides per agent decreased 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 discussion in Hsieh & Moretti, supra note 139, at 1116 (estimating $1.
2 billion social waste arising from excess entry in 1990). 229. See Hsieh, Tr. at 233 (" [T] he real puzzle in the property organization is why does there appear to be this reasonably repaired commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I make sure many individuals today have actually pointed out, the puzzle is why the percentage commission has actually been so stubbornly relentless."); Hsieh & Moretti, supra note 139, at 1086 (" The obvious harmony of commission rates presents a massive puzzle, particularly if one believes that the cost and effort essential to sell a home do not increase one to one with the cost of housing.
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230. ALA. CODE 34-27-36 (1975 ). 231. ALASKA STAT. 08. 88.401 (Michie 2005). 232. KAN. STAT. ANN. 58-3062 (2006 ). 233. LA. REV. STAT. ANN. 37:1455 (West 2006 ). 234. MISS. CODE ANN. 73-35-21 (2006 ). 235. MO. REV. STAT. 339. 150( 2006). 236. N.J. STAT. ANN. 45:15 -3. 1 (West 2006). 237. N.D. CENT. 1( 2006). 238. OKLA. STAT. ANN. tit. 59, 858-312 (West 2006). 239. OR. REV. STAT. 696. 290( 2005). 240. IOWA CODE 543B.60 A( 2005 ). 241. Based upon weighted typical prices of brand-new and current homes in 2005($ 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 Alcohol Dealers Ass '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 wesley financial group suspension to a clearly articulated state policy purposefully displacing competition with an alternative regulative scheme and (2) actively monitored by the state or a certified federal government firm or official).
2003), offered at http://www. ftc.gov/ os/2003/09/ stateactionreport. pdf (analyzing state action immunity doctrine). 243. See, e. g., Hoover v. Ronwin, 466 U.S. 558, 568 (1984) (" Closer analysis is needed when the activity at issue is not straight that of the legislature or supreme court, but is performed by others pursuant to state authorizations."); Southern Motor Carriers Rate Conference v.