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 a number of sites, he supplies the seller assistance once the purchaser is found. In addition to the flat fee rate of $495 paid sometimes of listing, the "flat-fee plus" alternative needs the seller also to pay $1,500 at closing.
at 68 (describing the option). 280. In an address at the beginning of the Workshop, (then Acting) Assistant Attorney General Of The United States Thomas Barnett observed that minimum-service laws and policies can be considered as no various from states passing a policy that states: "When I walk into McDonald's and buy a hamburger, I'm informed that I also have to purchase some french fries, because the state has chosen that it may be deceptive or deceptive or bad if I only got the hamburger, paid for it and didn't realize music city grand prix schedule I wasn't going to get the french fries." Barnett, Tr.
Similarly, at a recent Congressional hearing on competitors sell timeshare with no upfront fees in the realty brokerage industry, Representative Baker analogized minimum-service laws and guidelines to requiring a customer to have his/her entire home painted when he or she only wanted the porch painted. See Hearing, supra note 1, at 30 (statement of Rep.
Baker, member House Comm. on Financial Services), 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 traditional "representatives out there that offer little or no worth to the deal."). 282. See Lewis, Tr. at 179 (" While some consumers might be sophisticated adequate to represent themselves in some or all of the steps of a transaction, many are not.").
22, 2005, 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 Expect Less?, REAL ESTATE TIMES, Apr. 11, 2006, offered at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Federal government firms] argue that with disclosures and waivers customers ought to be able to refuse any brokerage service or obligation.
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We do not, for example, permit consumers to save cash by employing doctors who cut costs by not sanitizing surgical instruments or cleaning their hands."). 283. See Darryl W. Anderson, Minimum-Service Requirements in Realty Brokerage: A Reaction to Maureen K. Ohlhausen, ANTITRUST SOURCE, Jan. 2006, at 3-4 (arguing that minimum-service requirements are procompetitive because they foster rate negotiations prior to getting in a representation contract 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 reaction to an FTC survey, participants from Colorado, North Dakota, Vermont, and Washington noted that problems versus minimal service brokers were minimal or nonexistent. 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 prices that fee-for-service brokers charge for additional services beyond the MLS-only option in advance of getting in into a legal relationship. This finding undermines an essential condition for the hold-up theory to be possible that consumers only 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 (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 to become a real estate developer. at 71-72. 290. Kunz, Tr. at 82-83. See also Perriello, Tr. at 152 (speaking for Cendant, and mentioning that "we think that customers.
should be able to pick their service designs in addition to the company of those services, whether they be minimal service or full-service"). 291. Sambrotto, Tr. what is redlining in real estate. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CUSTOMER FEDERATION OF AMERICA, HOW THE REAL ESTATE 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 Agency Reform: Meeting the Requirements of Buyers, Sellers, and Brokers, 25 REALTY L.J. 345, 350 (1997) (keeping in mind that firm relationships can be developed by actions).
Whatley, Tr. at 48. 299. Preventing fee-for-service listings without disclosure to buyers, nevertheless, may raise issues concerning the satisfaction of fiduciary duties. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Real Estate Associations Stand 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 Modified Code and settlements carried out by a licensee pursuant to the authorization shall not develop or imply a company relationship in between that licensee and the client of that unique broker."). 303. VA CODE 54. 1-2132( C) (efficient July 1, 2007) (" A licensee engaged by a seller in a genuine estate transaction may, unless forbidden by law or the brokerage relationship, supply assistance to a purchaser or potential purchaser 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 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 discussion of the numerous private litigation including declared MLS-related restraints is beyond the scope of this Report.
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For a discussion of unique agency agreements and other types of listing agreements, 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 Realty Providers, 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., Info and Property Providers, LLC, FTC File No (how to become a commercial real estate agent). 061-0087, at 6 (2006) (analysis to help public comment), 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), available at http://www. ftc.gov/ wesley fin os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Property Brokers of Rockland, Ltd., Dkt.