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 putting it on numerous sites, he supplies the seller assistance once the purchaser is found. In addition to the flat charge rate of $495 paid at time of listing, the "flat-fee plus" option requires the seller also to pay $1,500 at closing.
at 68 (describing the option). 280. In an address at the start of the Workshop, (then Performing) Assistant Chief Law Officer Thomas Barnett observed that minimum-service laws and policies can be considered as no various from states passing a regulation https://www.atoallinks.com/2022/all-about-how-to-get-a-real-estate-license-in-florida/ that says: "When I walk into McDonald's and purchase a hamburger, I'm told that I likewise need to purchase some what happens if you don t pay timeshare maintenance fees french fries, due to the fact that the state has actually decided that it may be deceptive or deceptive 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 current Congressional hearing on competitors in the genuine estate brokerage market, Agent Baker analogized minimum-service laws and policies to needing a customer to have his/her entire home painted when he or she only wanted the deck painted. See Hearing, supra note 1, at 30 (declaration of Rep.
Baker, member House Comm. on Financial Services), offered 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 completes against conventional "agents out there that deal little or no value to the my timeshare expert complaints transaction."). 282. See Lewis, Tr. at 179 (" While some consumers may be advanced sufficient to represent themselves in some or all of the actions of a transaction, most are not.").
22, 2005, offered at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (pricing estimate Texas Association of Realtors declaring that minimum-service guidelines would avoid consumer confusion); Peter G. Baker, Hiring a Broker: Should You Expect Less?, REAL ESTATE TIMES, Apr. 11, 2006, offered at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Government agencies] argue that with disclosures and waivers customers ought to be able to refuse any brokerage service or responsibility.
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We do not, for example, permit customers to save money by employing physicians who cut costs by not decontaminating surgical instruments or cleaning their hands."). 283. See Darryl W. Anderson, Minimum-Service Requirements in Property 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 foster cost settlements before entering a representation arrangement 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, respondents from Colorado, North Dakota, Vermont, and Washington kept in mind that grievances against restricted 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 all set access to rates that fee-for-service brokers charge for extra services beyond the MLS-only choice in advance of getting in into a contractual relationship. This finding undermines an essential condition for the hold-up theory to be plausible that customers just find out the costs for extra services after they have gotten in into an unique listing arrangement.
Ohlhausen, Minimum-Service Requirements in Realty Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (discussing numerous theoretical and empirical reasons that the hold-up theory does not appear to use to fee-for-service brokerage). 289. See Farmer, Tr - how to invest in commercial real estate. at 71-72. 290. Kunz, Tr. at 82-83. See likewise Perriello, Tr. at 152 (speaking for Cendant, and specifying that "we believe that customers.
should have the ability to select their service designs as well as the service provider of those services, whether they be limited service or full-service"). 291. Sambrotto, Tr. what is emd 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, 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 Needs of Purchasers, Sellers, and Brokers, 25 REAL ESTATE L.J. 345, 350 (1997) (keeping in mind that firm relationships can be created by actions).
Whatley, Tr. at 48. 299. Avoiding fee-for-service listings without disclosure to buyers, however, may raise concerns concerning the fulfillment of fiduciary duties. 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 Revised Code and settlements conducted by a licensee pursuant to the authorization will not create or indicate a firm 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 realty transaction may, unless restricted by law or the brokerage relationship, supply support to a purchaser or prospective buyer 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. 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 financially effective and competitors from other listing services is doing not have, rules which invite the unjustified exemption 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 * 4 (W.D. Tex. Mar. 30, 2000). A conversation of the different private litigation involving alleged MLS-related restraints is beyond the scope of this Report.
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For a conversation of unique firm contracts 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 SURVEY, supra note 38, at 29-30. 312. Austin Bd. of Realtors, FTC Dkt. No. C-4167; Information and Real Estate 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 Real Estate Providers, LLC, FTC File No (what is escheat in real estate). 061-0087, at 6 (2006) (analysis to aid public remark), 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), offered at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Property Brokers of Rockland, Ltd., Dkt.