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 noting the home in the MLS and putting it on a number of sites, he supplies the seller help once the buyer is found. In addition to the flat cost rate of $495 paid sometimes of listing, the "flat-fee plus" option requires the seller also to pay $1,500 at closing.
at how to get rid of an llc 68 (describing the choice). 280. In an address at the beginning of the Workshop, (then Performing) Assistant Attorney General Thomas Barnett observed that minimum-service laws and policies can be viewed as no different from states passing a regulation that states: "When I walk into McDonald's and order a hamburger, I'm told that I also have to purchase some french fries, because the state has decided that it might be deceptive or deceptive or bad if I only got the hamburger, paid for it and didn't understand I wasn't going to get the french fries." Barnett, Tr.
Similarly, at a recent Congressional hearing on competitors in the genuine estate brokerage industry, Representative Baker analogized minimum-service laws and policies to requiring a customer to have his/her whole home painted when he or she only wanted the porch painted. See Hearing, supra note 1, at 30 (declaration 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 (keeping in mind that he contends against traditional "agents out there that deal little or no worth to the https://caideneraa116.skyrock.com/3347787546-What-Is-The-Commission-For-Real-Estate-Agents-Things-To-Know-Before.html deal."). 282. See Lewis, Tr. at 179 (" While some customers may be advanced adequate to represent themselves in some or all of the steps of a transaction, most are not.").
22, 2005, available at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (pricing quote Texas Association of Realtors declaring that minimum-service rules 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 (" [Government agencies] argue that with disclosures and waivers consumers need to have the ability to refuse any brokerage service or responsibility.
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We do not, for instance, enable customers to save cash by employing doctors who cut costs by not sanitizing surgical instruments or washing their hands."). 283. See Darryl W. Anderson, Minimum-Service Requirements in Realty Brokerage: An Action to Maureen K. Ohlhausen, ANTITRUST SOURCE, Jan. 2006, at 3-4 (arguing that minimum-service requirements are procompetitive due to the fact that they foster price negotiations 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 questionnaire, participants from Colorado, North Dakota, Vermont, and Washington kept in mind that complaints versus minimal 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 all set access to prices that fee-for-service brokers charge for additional Go here services beyond the MLS-only option in advance of participating in a legal relationship. This finding weakens a required condition for the hold-up theory to be plausible that consumers only find out the prices for additional services after they have gotten in into an exclusive listing arrangement.
Ohlhausen, Minimum-Service Requirements in Realty Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (discussing different 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 buy commercial real estate. at 71-72. 290. Kunz, Tr. at 82-83. See likewise Perriello, Tr. at 152 (speaking for Cendant, and mentioning that "we believe that consumers.
need to be able to choose their service designs as well as the provider of those services, whether they be limited service or full-service"). 291. Sambrotto, Tr. what is a real estate appraiser. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CONSUMER FEDERATION OF AMERICA, HOW THE PROPERTY CARTEL HARMS 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: Fulfilling the Requirements of Purchasers, Sellers, and Brokers, 25 REALTY L.J. 345, 350 (1997) (keeping in mind that agency relationships can be produced by actions).
Whatley, Tr. at 48. 299. Preventing fee-for-service listings without disclosure to purchasers, nevertheless, may raise issues concerning the fulfillment of fiduciary tasks. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Real Estate Associations Stand On MLS-Entry-Only Listings, REALTY TIMES, Feb. 24, 2005, readily available 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 authorization will not develop or suggest an agency relationship in between that licensee and the customer of that special broker."). 303. VA CODE 54. 1-2132( C) (efficient July 1, 2007) (" A licensee engaged by a seller in a realty transaction may, unless restricted by law or the brokerage relationship, offer support to a buyer or potential 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 involvement in the [MLS] is high, the service itself is financially successful and competitors from other listing services is lacking, rules which invite the unjustified exclusion 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 private lawsuits involving alleged MLS-related restraints is beyond the scope of this Report.
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For a discussion of special agency agreements and other kinds of listing agreements, see supra Chapter I.A. 2. 310. See Farmer, Tr. at 74-75; Sambrotto, Tr. at 90. 311. NAR 2005 SURVEY, supra note 38, at 29-30. 312. Austin Bd. of Realtors, FTC Dkt. No. C-4167; Info and Realty 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 Providers, LLC, FTC File No (how to get a real estate license in texas). 061-0087, at 6 (2006) (analysis to help public remark), readily available 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) (decision and order), readily available at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Property Brokers of Rockland, Ltd., Dkt.