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 timeshare presentations disney tickets noting the house in the MLS and positioning it on a number of websites, he supplies the seller help once the buyer is discovered. In addition to the flat charge price 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 beginning of the Workshop, (then Performing) Assistant Lawyer General Thomas Barnett observed that minimum-service laws and policies can be deemed no various from states passing a policy that says: "When I stroll into McDonald's and order a hamburger, I'm told that I likewise have to purchase some french fries, because the state has chosen that it may be deceptive or misleading or bad if I just got the hamburger, paid for it and didn't recognize I wasn't going to get the french fries." Barnett, Tr.
Similarly, at a recent Congressional hearing on competitors in the property brokerage industry, Representative Baker analogized minimum-service laws and guidelines to needing a customer to have his or her whole house painted when he or she just wanted the deck painted. See Hearing, supra note 1, at 30 (declaration of Rep.
Baker, member House Comm. on Financial Providers), 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 versus traditional "representatives out there that deal little or no worth to the transaction."). 282. See Lewis, Tr. at 179 (" While some consumers might be advanced adequate to represent themselves in some or all of the actions of a transaction, a lot of are not.").
22, 2005, readily available at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (pricing estimate Texas Association of Realtors declaring that minimum-service rules would prevent customer confusion); Peter G. Baker, Employing a Broker: Should You Anticipate Less?, REALTY TIMES, Apr. 11, 2006, readily available at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [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 hiring doctors who cut costs by not sanitizing surgical instruments or cleaning 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 settlements before 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 questionnaire, participants from Colorado, North Dakota, Vermont, and Washington noted that complaints against minimal service brokers were minimal or nonexistent. The survey is available at http://www.
htm. 288. Our evaluation of fee-for-service broker sites reveals that customers appear to have all set access to rates that fee-for-service brokers charge for extra services beyond the MLS-only option in advance of participating in a contractual relationship. This finding weakens a required condition for the hold-up theory to be possible that customers only find out the rates for extra services after they have actually entered into an unique listing contract.
Ohlhausen, Minimum-Service Requirements in Realty Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (discussing various theoretical and empirical reasons why the hold-up theory does not appear to apply to fee-for-service brokerage). 289. See Farmer, Tr - what is a cma in real estate. 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 customers.
must be able to choose their service models along with the provider of those services, whether they be restricted service or full-service"). 291. Sambrotto, Tr. what is an encumbrance in real estate. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CUSTOMER FEDERATION OF AMERICA, HOW THE PROPERTY CARTEL DAMAGES 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, 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 Company Reform: Meeting the Requirements of Purchasers, Sellers, and Brokers, 25 PROPERTY L.J. 345, 350 (1997) (keeping in mind that agency relationships can be developed by actions).
Whatley, Tr. at 48. 299. Preventing fee-for-service listings without disclosure to purchasers, however, may raise problems concerning the fulfillment of fiduciary responsibilities. 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 permission shall not create or imply a company relationship in between that licensee and the client of that unique broker."). 303. VA CODE 54. 1-2132( C) (reliable July 1, 2007) (" A licensee engaged by a seller in a realty transaction may, unless restricted by law or the brokerage relationship, supply help to a buyer or potential buyer 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. Real Estate Multi-List, 629 F. 2d 1351, 1374 (5th Cir. 1980) (" [W] hen broker participation in the [MLS] is high, the service itself is economically successful and competition from other listing services is lacking, rules which invite the unjustified exemption of any broker ought to be discovered unreasonable.").
See, elite timeshare 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 involving declared MLS-related restraints is beyond the scope of this Report.
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For a conversation of exclusive company contracts and other kinds of listing agreements, https://diigo.com/0nj2yq 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; Information and Property 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., Information and Realty Providers, LLC, FTC File No (how to get leads in real estate). 061-0087, at 6 (2006) (analysis to assist public remark), available at http://www.
pdf. 314. See, e. g., Austin Bd. of Realtors, FTC Dkt. No. C-4167, at 17 (2006) (grievance), readily available 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), readily available at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Realty Brokers of Rockland, Ltd., Dkt.