278. See HUD REPORT, supra note 201. 279. One panelist who is a fee-for-service broker explains this as his "flat-fee plus" alternative, where, in addition to noting the house in the MLS and putting it on a number of sites, he provides the seller assistance once the buyer is discovered. In addition to the flat charge cost of $495 paid sometimes of listing, the "flat-fee plus" option needs the seller likewise to pay $1,500 at closing.
at 68 (explaining the alternative). 280. In an address at the start of the Workshop, (then Performing) Assistant Lawyer General Thomas Barnett observed that minimum-service laws and policies can be considered as no various from states passing a policy that says: "When I stroll into McDonald's and purchase a hamburger, I'm told that I also need to buy some french fries, since the state has actually chosen that it may be deceptive or misleading or bad if I just got the hamburger, 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 competitors in the property brokerage market, Agent Baker analogized minimum-service laws and regulations to requiring a customer to have his/her entire home painted when he or she just desired the deck painted. See Hearing, supra note 1, at 30 (declaration of Rep.
Baker, member Home Comm. on Financial Services), my wfg online readily 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 conventional "representatives out there that deal little or no worth to the deal."). 282. See Lewis, Tr. at 179 (" While some customers may be sophisticated sufficient to represent themselves in some or all of the steps of a deal, most are not.").
22, 2005, offered at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (pricing quote Texas Association of Realtors declaring that minimum-service guidelines would prevent customer confusion); Peter G. Baker, Hiring a Broker: Should You Anticipate Less?, REAL ESTATE TIMES, Apr. 11, 2006, available at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Federal government companies] argue that with disclosures and waivers consumers should be able to decline any brokerage service or commitment.
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We do not, for instance, allow customers to save cash by working with 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 Reaction to Maureen K. Ohlhausen, ANTITRUST SOURCE, Jan. 2006, at 3-4 (arguing that minimum-service requirements are procompetitive since they foster price settlements before going into a representation agreement 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 survey, 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 reveals that consumers appear to have ready access to costs that fee-for-service brokers charge for additional services beyond the MLS-only option in advance of participating in a legal relationship. This finding weakens a necessary condition for the hold-up theory to be plausible that customers just find out the costs for extra services after they have actually entered into an unique listing contract.
Ohlhausen, Minimum-Service Requirements in Realty Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (discussing different theoretical and empirical reasons the hold-up theory does not appear to apply to fee-for-service brokerage). 289. See Farmer, Tr - what are the requirements to be a real estate appraiser. at 71-72. 290. Kunz, Tr. at 82-83. See also Perriello, Tr. at 152 (speaking for Cendant, and stating that "our company believe that customers.
ought to be able 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 become a real estate broker Homepage in california. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CUSTOMER FEDERATION OF AMERICA, HOW THE REALTY CARTEL HURTS CONSUMERS AND HOW CONSUMERS CAN PROTECT THEMSELVES (June 2006), offered 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., Real Estate Agency Reform: Meeting the Requirements of Buyers, Sellers, and Brokers, 25 REAL ESTATE L.J. 345, 350 (1997) (noting that firm relationships can be http://connermfqb321.image-perth.org/facts-about-how-do-real-estate-teams-work-revealed created by actions).
Whatley, Tr. at 48. 299. Avoiding fee-for-service listings without disclosure to buyers, however, might raise problems worrying the satisfaction of fiduciary duties. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Property 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 authorization shall not develop or suggest a company relationship in between that licensee and the client of that unique broker."). 303. VA CODE 54. 1-2132( C) (effective July 1, 2007) (" A licensee engaged by a seller in a realty transaction may, unless prohibited by law or the brokerage relationship, supply help to a buyer or prospective buyer 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. 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 competitors from other listing services is doing not have, guidelines which invite the unjustified exemption of any broker ought 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 discussion of the different personal lawsuits including declared MLS-related restraints is beyond the scope of this Report.
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For a discussion of special firm contracts and other kinds of noting contracts, see supra Chapter I.A. 2. 310. See Farmer, Tr. at 74-75; Sambrotto, Tr. at 90. 311. NAR 2005 STUDY, supra note 38, at 29-30. 312. Austin Bd. of Realtors, FTC Dkt. No. C-4167; Details and Genuine Estate Providers, LLC, FTC File No.
051-0065; Williamsburg Area 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 Property Solutions, LLC, FTC File No (how to make money in real estate). 061-0087, at 6 (2006) (analysis to assist public comment), readily available at http://www.
pdf. 314. See, e. g., Austin Bd. of Realtors, FTC Dkt. No. C-4167, at 17 (2006) (complaint), readily available 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), offered at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Realty Brokers of Rockland, Ltd., Dkt.