278. See HUD REPORT, supra note 201. 279. One panelist who is a fee-for-service broker explains this as his "flat-fee plus" option, where, in addition to listing the home in the MLS and placing it on numerous sites, he supplies the seller help once the buyer is discovered. In addition to the flat fee cost of $495 paid at time of listing, the "flat-fee plus" choice needs the seller also to pay $1,500 at closing.
at 68 (explaining the option). 280. In an address at the start of the Workshop, (then Acting) Assistant Attorney General Of The United States Thomas Barnett observed that minimum-service laws and guidelines can be seen as no different from states passing a policy that says: "When I walk into McDonald's and order a hamburger, I'm told that I also need to buy some french fries, since the state has actually decided that it may be misleading or deceptive or bad if I just got the hamburger, spent for it and didn't understand I wasn't going to get the french fries." Barnett, Tr.
Similarly, at a recent Congressional hearing on competition in the realty brokerage market, Agent Baker analogized minimum-service laws and regulations to needing a consumer to have his/her whole home painted when he or she just wanted the patio painted. See Hearing, supra note 1, at 30 (statement of Rep.
Baker, member Home Comm. on Financial Providers), 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 offer little or no value to the deal."). 282. Go to minnesota time shares this site See Lewis, Tr. at 179 (" While some consumers might be advanced sufficient to represent themselves in some or all of the actions of a deal, many are not.").
22, 2005, readily available at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (quoting Texas Association of Realtors claiming that minimum-service rules would prevent customer confusion); Peter G. Baker, Employing a Broker: Should You Anticipate Less?, REALTY TIMES, Apr. 11, 2006, available at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Federal government companies] argue that with disclosures and waivers consumers must have the ability to decline any brokerage service or obligation.
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We do not, for example, allow consumers to conserve cash by working with medical professionals who cut expenses by not decontaminating surgical instruments or cleaning 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 because they cultivate rate settlements prior to going into a representation arrangement over what a fee-for-service broker will charge for all the services needed 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 survey, respondents from Colorado, North Dakota, Vermont, and Washington kept in mind that problems versus limited service brokers were very little or nonexistent. The questionnaire is available at http://www.
htm. 288. Our evaluation of fee-for-service broker websites reveals that customers appear to have ready access to costs that fee-for-service brokers charge for additional services beyond the MLS-only choice in advance of participating in a legal relationship. This finding undermines an essential condition for the hold-up theory to be plausible that consumers just learn the prices for extra services after they have participated in an unique listing agreement.
Ohlhausen, Minimum-Service Requirements in Real Estate 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 use to fee-for-service brokerage). 289. See Farmer, Tr - how to become a real estate broker in california. at 71-72. 290. Kunz, Tr. at 82-83. See also Perriello, Tr. at 152 (speaking for Cendant, and stating that "we think that customers.
need to be able to select their service models along with the supplier of those services, whether they be minimal service or full-service"). 291. Sambrotto, Tr. what is reo in real estate. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CUSTOMER FEDERATION OF AMERICA, HOW THE REALTY CARTEL DAMAGES 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 PROPERTY L.J. 345, 350 (1997) (keeping in mind that firm relationships can be developed by actions).
Whatley, Tr. at 48. 299. Avoiding fee-for-service listings without disclosure to buyers, however, might raise issues worrying the fulfillment of fiduciary duties. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Realty Associations Base On MLS-Entry-Only Listings, REALTY TIMES, Feb. 24, 2005, offered at http://realtytimes. com/rtapages/20050224 _ mlsentryonly. htm. 302. OHIO CODE 4735.
18 of the Modified Code and negotiations conducted by a licensee pursuant to the permission will not create or imply a company relationship between that licensee and the customer of that exclusive broker."). 303. VA CODE 54. 1-2132( C) (reliable July 1, 2007) (" A licensee engaged by a seller in a realty transaction may, unless restricted by law or the brokerage relationship, provide assistance to a buyer or possible 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 involvement in the [MLS] is high, the service itself is economically successful and competitors from other listing services is doing not have, rules which welcome the unjustified exemption of any broker should be discovered 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 numerous private lawsuits involving alleged MLS-related restraints is beyond the scope of this Report.
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For a discussion of special company agreements and other types of noting arrangements, see supra Chapter I.A. 2. 310. See Farmer, Tr. at 74-75; Sambrotto, Tr. http://beauywue107.almoheet-travel.com/the-best-strategy-to-use-for-how-to-become-a-real-estate-agent-in-california at 90. 311. NAR 2005 STUDY, supra note 38, at 29-30. 312. Austin Bd. of Realtors, FTC Dkt. No. C-4167; Information and Genuine Estate 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 Realty Solutions, LLC, FTC File No (what is cam in real estate). 061-0087, at 6 (2006) (analysis to assist public comment), offered at http://www.
pdf. 314. See, e. g., Austin Bd. of Realtors, FTC Dkt. No. C-4167, at 17 (2006) (problem), offered at http://www. ftc.gov/ os/caselist/0510219/ 0510219AustinBoardofRealtorsComplaint. pdf. 315. Id. at 27. 316. See MiRealSource, Inc., FTC Dkt. No. 9321 (2007) (choice and order), available at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Realty Brokers of Rockland, Ltd., Dkt.