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 visited April 20, 2007); craigslist. org, http://sfbay.
com, http://www. homesbyowner.com (last checked out April 20, 2007). See Thorburn, Tr - how long to get real estate license. how to generate real estate leads. at 97-98 (noting 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 business design). 94. Henderson, Tr. at 154. 95. Id. at 155 - how to get a real estate license in texas. 96. This help can consist of: finding and arranging for examination of residential or commercial properties by potential buyers; providing prospective purchasers with info such as relative residential or commercial property values and most recent asking price; helping in the settlement process; and assisting to schedule and prepare for closing of the transaction.
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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 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 (noting that all traditional companies "have a substantial 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 (what percentage do real estate agents get).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 visited April 20, 2007). 111. See, e. g., Zillow. com, http://www. zillow.com (last checked out 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 customers now may look into online not just homes for sale, however also the entire purchasing and selling procedure). 114. American Bankers Association, Public Remark 10, at 3 (remark). See likewise Perriello, Tr. at 149 (listing several features of realty sites, including residential or commercial property photos, virtual tours, rich text, mapping functionality, and neighborhood information); Sambrotto, Tr.
You can post color images. You can publish virtual trips. And you can have that details quickly searched and frequently searched by buyers from their own homes on the [I] nternet."). 115. DelBianco, Tr. at 185. 116. NAR 2005 SURVEY, supra note 38, at 29. 117. NAR 2006 SURVEY, supra note 4, at 37. In a lot of states, there exists a single licensing board. Even more, NAR subscription is needed for all representatives and brokers that come from the huge majority of MLSs in the United States. Such entities are likely to acquire economically 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 quantity timeshare perpetuity clause of time that real estate agents commit to prospecting and farming relative to in fact offering a home or finding a proper home for a buyer increases as the marketplace ends up being a growing number of competitive, that is, as more realtors are chasing after the very same number of consumers").
Id. at 1089 (" the expense of discovering a client increases with the variety of real estate agents in the market, without necessarily producing additional benefits to the customer"). 222. These information come from the "total home offering expenditure" field in the Bureau of Labor Stats' annual Customer Expenditure Survey from 1980-1990. This field likewise includes selling costs besides commissions, like closing expenses and attorneys fees, so it is likely to overemphasize the real commission rate.
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Id. at 1082. 223. Id. at 1118. 224. https://a.8b.com/ Id. at 1116-17. 225. See Hsieh & Moretti, supra note 139, at 213 and accompanying text. Yun revealed evidence of entry as a result of the current housing market boom, in addition to evidence that NAR subscription has actually differed straight with housing rates for at least the past twenty years.
226. According to REAL Trends information, the number of transaction sides per representative 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 (approximating $1.
2 billion social waste arising from excess entry in 1990). 229. See Hsieh, Tr. at 233 (" [T] he real puzzle in the property company is why does there seem to be this reasonably repaired commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I make certain lots of people today have actually explained, the puzzle is why the portion commission has been so stubbornly consistent."); Hsieh & Moretti, supra note 139, at 1086 (" The obvious harmony of commission rates provides a huge puzzle, especially if one believes that the expense and effort needed to offer a home do not increase one to one with the rate of housing.
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230. ALA. CODE 34-27-36 (1975 ). 231. ALASKA STAT. 08. 88.401 (Michie 2005). 232. KAN. STAT. ANN. 58-3062 (2006 ). 233. LA. REV. STAT. ANN. 37:1455 (West 2006 ). 234. MISS. CODE ANN. 73-35-21 (2006 ). 235. MO. REV. STAT. 339. 150( 2006). 236. N.J. STAT. ANN. 45:15 -3. 1 (West 2006). 237. N.D. CENT. 1( 2006). 238. OKLA. STAT. ANN. Take a look at the site here tit. 59, 858-312 (West 2006). 239. OR. REV. STAT. 696. 290( 2005). 240. IOWA CODE 543B.60 A( 2005 ). 241. Based on weighted average prices of new and current houses in 2005($ 271,263), the purchaser's broker's share of a $13,834 commission would be $6,917. A buyer who is rebated half of this would receive $3,459.
242. See, e. g., California Retail Liquor Dealers Ass 'n v. Midcal Aluminum, Inc., 445 U.S. 97, 105 (1980) (entity claiming state action immunity from federal antitrust laws need to demonstrate that its actions are (1) pursuant to a plainly articulated state policy deliberately displacing competition with an alternative regulative plan and (2) actively monitored by the state or a qualified government agency or official).
2003), readily available at http://www. ftc.gov/ os/2003/09/ stateactionreport. pdf (examining state action immunity teaching). 243. See, e. g., Hoover v. Ronwin, 466 U.S. 558, 568 (1984) (" Closer analysis is needed when the activity at issue is not directly that of the legislature or supreme court, however is performed by others pursuant to state permissions."); Southern Motor Carriers Rate Conference v.