278. See HUD REPORT, supra note 201. 279. One panelist who is a fee-for-service broker explains this as his "flat-fee plus" choice, where, in addition to noting the home in the MLS and placing it on a number of websites, he provides the seller help once the purchaser is found. In addition to the flat fee cost of $495 paid sometimes of listing, the "flat-fee plus" alternative requires the seller likewise to pay $1,500 at closing.
at 68 (describing the alternative). 280. In an address at the start of the Workshop, (then Performing) Assistant Attorney General Of The United States Thomas Barnett observed that minimum-service laws and guidelines can be deemed no different from states passing a guideline that states: "When I walk into McDonald's and order a hamburger, I'm told that I likewise need to purchase some french fries, because the state has chosen that it might be deceptive or misleading 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 property brokerage market, Agent Baker analogized minimum-service laws and regulations to needing a consumer to have his or her whole house painted when she or he just desired the porch painted. See Hearing, supra note 1, at 30 (declaration of Rep.
Baker, member House Comm. on Financial Solutions), 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 contends against standard "representatives out there that offer little or no value to the deal."). 282. See Lewis, Tr. at 179 (" While some customers may be advanced enough 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 (estimating Texas Association of Realtors declaring that minimum-service guidelines would avoid customer confusion); Peter G. Baker, Working With a Broker: Should You Anticipate Less?, REAL ESTATE TIMES, Apr. 11, 2006, readily available at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Federal government companies] argue that with disclosures and waivers customers must have the ability to decline any brokerage service or responsibility.
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We do not, for instance, permit consumers to save money by employing 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 Reaction to Maureen K. Ohlhausen, ANTITRUST SOURCE, Jan. 2006, at 3-4 (arguing that minimum-service requirements are procompetitive due to the fact that they promote cost negotiations prior to getting in 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 reaction to an FTC survey, respondents from Colorado, North Dakota, Vermont, and Washington kept in mind that problems versus restricted service brokers were minimal or nonexistent. The questionnaire is readily available at http://www.
htm. 288. Our evaluation of fee-for-service broker sites reveals that consumers appear to have all set access to prices that fee-for-service brokers charge for extra services beyond the MLS-only alternative in advance of getting in into a legal relationship. This finding undermines a required condition for the hold-up theory to be plausible that customers only learn the prices for extra services after they have entered into an exclusive listing contract.
Ohlhausen, Minimum-Service Requirements in Realty Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (discussing different theoretical and empirical reasons the hold-up theory does not appear to apply to fee-for-service brokerage). 289. See Farmer, Tr - what is reo in real estate. at 71-72. 290. Kunz, Tr. at 82-83. See likewise Perriello, Tr. at 152 (speaking for Cendant, and stating that "our company believe that consumers.
must have the ability to pick their service models along with the company of those services, whether they be limited service or full-service"). 291. Sambrotto, Tr. what does mls stand for in real estate. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CONSUMER FEDERATION OF AMERICA, HOW THE REAL ESTATE CARTEL HARMS CONSUMERS AND HOW CONSUMERS CAN PROTECT THEMSELVES (June 2006), readily available at http://www.
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pdf. 294. Id. at 4-5. 295. See, e. g., Lewis, https://60e603377a436.site123.me/#section-620e8e280547d 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 Company Reform: Satisfying the Requirements of Buyers, Sellers, and Brokers, 25 REAL ESTATE L.J. 345, 350 (1997) (keeping in mind that company relationships can be produced by actions).
Whatley, Tr. at 48. 299. Avoiding fee-for-service listings without disclosure to buyers, however, might raise issues concerning 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, available at http://realtytimes. com/rtapages/20050224 _ mlsentryonly. htm. 302. OHIO CODE 4735.
18 of the Revised Code and how do timeshare cancellation companies work negotiations conducted by a licensee pursuant to the permission will not produce or indicate a company relationship in between that licensee and the client of that special broker."). 303. VA CODE 54. 1-2132( C) (reliable July 1, 2007) (" A licensee engaged by a seller in a property transaction may, unless forbidden by law or the brokerage relationship, supply assistance to a buyer 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, rules which invite the unjustified exclusion of any broker need 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 how to cancel your timeshare * 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 conversation of unique firm agreements and other kinds of noting arrangements, 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; Information and Realty Services, 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., Information and Property Services, LLC, FTC File No (how long does it take to get your real estate license). 061-0087, at 6 (2006) (analysis to aid public remark), readily available at http://www.
pdf. 314. See, e. g., Austin Bd. of Realtors, FTC Dkt. No. C-4167, at 17 (2006) (grievance), 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), offered at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Real Estate Brokers of Rockland, Ltd., Dkt.