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 house in the MLS and positioning it on a number of sites, he provides the seller help once the buyer is discovered. In addition to the flat fee price of $495 paid at time of listing, the "flat-fee plus" option needs the seller also to pay $1,500 at closing.
at 68 (describing what is the best timeshare exit company the choice). 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 guidelines can be seen as no various from states passing a guideline that states: "When I walk into McDonald's and purchase a hamburger, I'm told that I likewise have to purchase some french fries, due to the fact that the state has actually decided that it may be misleading 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.
Likewise, at a current Congressional hearing on competition in the realty brokerage market, Agent Baker analogized minimum-service laws and guidelines to needing a consumer to have his/her whole home painted when she or he only desired the deck 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 (noting that he contends versus conventional "agents out there that deal little or no worth to the transaction."). 282. See Lewis, Tr. at 179 (" While some customers might be advanced sufficient to represent themselves in some or all of the actions of a transaction, the majority of are not.").
22, 2005, readily available at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (estimating Texas Association of Realtors claiming that minimum-service guidelines would prevent customer confusion); Peter G. Baker, Employing a Broker: Should You Expect Less?, REAL ESTATE TIMES, Apr. 11, 2006, readily available at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Federal government agencies] argue that with disclosures and waivers consumers should have the ability to refuse any brokerage service or commitment.
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We do not, for example, 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 Real Estate Brokerage: An Action to Maureen K. Ohlhausen, ANTITRUST SOURCE, Jan. 2006, at 3-4 (arguing that minimum-service requirements are procompetitive because they promote price negotiations before getting in a representation arrangement over what a fee-for-service broker will charge for all the services Article source needed by law).
See, e. g., GAO REPORT, supra note 3, at http://andyldrd746.jigsy.com/entries/general/what-does-how-much-does-a-real-estate-license-cost-do- 16. 285. Thorburn, Tr. at 96. 286. Farmer, Tr. at 73. 287. In addition, in action to an FTC questionnaire, respondents from Colorado, North Dakota, Vermont, and Washington kept in mind that complaints versus minimal service brokers were very little 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 ready 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 necessary condition for the hold-up theory to be possible that customers just learn the prices for additional services after they have participated in a special listing arrangement.
Ohlhausen, Minimum-Service Requirements in Real Estate Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (going over different 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 real estate agent. 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 customers.
need to have the ability to choose their service models as well as the provider of those services, whether they be restricted service or full-service"). 291. Sambrotto, Tr. how much do real estate agents make a year. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CUSTOMER FEDERATION OF AMERICA, HOW THE REAL ESTATE CARTEL HARMS 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., Property Company Reform: Satisfying the Requirements of Buyers, Sellers, and Brokers, 25 PROPERTY L.J. 345, 350 (1997) (noting that agency relationships can be developed by actions).
Whatley, Tr. at 48. 299. Avoiding fee-for-service listings without disclosure to purchasers, nevertheless, may raise concerns concerning the fulfillment of fiduciary tasks. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Real Estate Associations Base 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 will not create or imply a firm relationship between that licensee and the customer of that exclusive broker."). 303. VA CODE 54. 1-2132( C) (effective July 1, 2007) (" A licensee engaged by a seller in a realty transaction may, unless restricted by law or the brokerage relationship, provide assistance to a buyer or prospective 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 financially effective and competition from other listing services is lacking, rules which welcome the unjustified exclusion of any broker ought to be discovered 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 numerous personal litigation including alleged MLS-related restraints is beyond the scope of this Report.
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For a discussion of unique firm contracts and other types of listing contracts, 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 Real Estate Services, 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., Details and Realty Providers, LLC, FTC File No (how to become real estate agent). 061-0087, at 6 (2006) (analysis to assist public comment), offered at http://www.
pdf. 314. See, e. g., Austin Bd. of Realtors, FTC Dkt. No. C-4167, at 17 (2006) (complaint), 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), available at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Property Brokers of Rockland, Ltd., Dkt.