278. See HUD REPORT, supra note 201. 279. One panelist who is a fee-for-service broker describes this as his "flat-fee plus" alternative, where, in addition to noting the home in the MLS and placing it on several sites, he offers the seller assistance once the buyer is found. In addition to the flat charge rate of $495 paid sometimes of listing, the "flat-fee plus" alternative needs the seller likewise to pay $1,500 at closing.
at 68 (describing the option). 280. In an address at the beginning of the Workshop, (then Performing) Assistant Attorney General Of The United States Thomas Barnett observed that minimum-service laws and regulations can be viewed as no various from states passing a regulation that says: "When I stroll into McDonald's and buy a hamburger, I'm told that I likewise need to buy some french fries, due to the fact that the state has decided that it might be misleading or misleading or bad if I only got the hamburger, paid for it and didn't realize I wasn't going to get the french fries." Barnett, Tr.
Similarly, at a current Congressional hearing on competitors in the real estate brokerage industry, Representative Baker analogized minimum-service laws and policies to needing a consumer to have his or her entire house painted when she or he just desired the patio painted. See Hearing, supra note 1, at 30 (statement of Rep.
Baker, member House 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 (keeping in mind that he completes against conventional "agents out there that deal little or no value to the transaction."). 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 transaction, most are not.").
22, 2005, offered at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (pricing quote Texas Association of Realtors claiming that minimum-service rules would avoid customer confusion); Peter G. Baker, Working With a Broker: Should You Anticipate Less?, REALTY TIMES, Apr. 11, 2006, readily available at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Government firms] argue that with disclosures and waivers customers must be able to decline any brokerage service or obligation.
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We do not, for instance, enable consumers to save money by hiring physicians who cut expenses by not disinfecting surgical instruments or cleaning their hands."). 283. See Darryl W. Anderson, Minimum-Service Requirements in Realty Brokerage: A Response to Maureen K. Ohlhausen, ANTITRUST SOURCE, Jan. 2006, at 3-4 (arguing that minimum-service requirements are procompetitive due to the fact that they cultivate rate negotiations prior to going into a representation agreement 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 against restricted service brokers were very little or nonexistent. Visit this page The questionnaire is readily available at http://www.
htm. 288. Our evaluation of fee-for-service broker websites reveals that consumers appear to have prepared access to costs that fee-for-service brokers charge for extra services beyond the MLS-only alternative in advance of getting in into timeshare companies a contractual relationship. This finding weakens a necessary condition for the hold-up theory to be plausible that customers just learn the rates for additional services after they have actually participated in a special listing arrangement.
Ohlhausen, Minimum-Service Requirements in Property Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (talking about numerous theoretical and empirical factors why the hold-up theory does not appear to apply to fee-for-service brokerage). 289. See Farmer, Tr - how do real estate agents make money. at 71-72. 290. Kunz, Tr. at 82-83. See likewise Perriello, Tr. at 152 (speaking for Cendant, and specifying that "our company believe that consumers.
need to have the ability to choose their service models along with the company of those services, whether they be minimal service or full-service"). 291. Sambrotto, Tr. how to get leads in real estate. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CONSUMER FEDERATION OF AMERICA, HOW THE REAL ESTATE CARTEL DAMAGES 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 Firm Reform: Satisfying the Needs of Purchasers, Sellers, and Brokers, 25 REALTY L.J. 345, 350 (1997) (noting that firm relationships can be produced by actions).
Whatley, Tr. at 48. 299. Avoiding fee-for-service listings without disclosure to purchasers, however, might raise concerns concerning the fulfillment of fiduciary tasks. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Realty Associations Stand 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 settlements conducted by a licensee pursuant to the authorization shall not produce or imply 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 genuine estate deal may, unless prohibited by law or the brokerage relationship, offer support to a purchaser or prospective purchaser by performing 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 financially effective and competitors from other listing services is lacking, guidelines which welcome the unjustified exclusion of any broker must 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 various private litigation involving alleged MLS-related restraints is beyond the scope of this Report.
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For a discussion of exclusive company agreements and other kinds of listing arrangements, 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; Info and Property 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., Details and Realty Providers, LLC, FTC File No (what is a cma in real estate). 061-0087, at 6 (2006) (analysis to assist public remark), offered 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 what is a timeshare contract 27. 316. See MiRealSource, Inc., FTC Dkt. No. 9321 (2007) (choice and order), readily available at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Real Estate Brokers of Rockland, Ltd., Dkt.