A-00-CA-154JN, 2000 WL 34239114, at * 2 (W.D. Tex. Mar. 30, 2000). 87. DelBianco, Tr. at 182. 88. Id. 89. Id. 90. Id. at 186. 91. Examples of FSBO sites include: ForSaleByOwner. com, http://www. forsalebyowner.com (last visited April 20, 2007); FSBO.com, http://www. fsbo.com (last checked out April 20, 2007); craigslist. org, http://sfbay.
com, http://www. homesbyowner.com (last visited April 20, 2007). See Thorburn, Tr - what does a real estate broker do. what are cc&rs in real estate. at 97-98 (keeping in mind the range of tools available to FSBOs). See likewise GAO REPORT, supra note 3, at 20. 92. Sambrotto, Tr. at 86. 93. See ForSaleByOwner. com Corp. v. Zinnemann, 347 F. Supp. 2d 868, 870-71 (E.D. Cal.
com company model). 94. Henderson, Tr. at 154. 95. Id. at 155 - how to get real estate license in ga. 96. This support can include: locating and scheduling evaluation of homes by potential purchasers; offering Check over here prospective purchasers with information such as relative home worths and newest asking price; helping in the settlement procedure; and assisting to schedule and get ready for closing of the transaction.
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Henderson, Tr. at 156-57. 98. NAR 2006 STUDY, supra note 4, at 77. 99. Id. at 80, 68. 100. NAR 2005 SURVEY, supra note 38, at 59. 101. See Hahn, Tr. at 29-30; AEI-Brookings Paper, supra note 3, at 13 n. 49; Nadel, supra note 25, at 4-5. 102. See Perriello, Tr.
at 174 (noting that all traditional business "have a substantial online existence"). 103. NAR 2006 STUDY, supra note 4, at 44. 104. See Whatley, Tr. at 160-61. 105. Id. at 210-11. 106. Id. at 161. 107. Id. 108. E.g., ForSaleByOwner. com, http://www. forsalebyowner.com (last gone to April 20, 2007); FSBO.com, http://www.
com, http://www. homesbyowner (how to make money in real estate).com (last checked out April 20, 2007). 109. See, e. g., JustRealEstate. org, http://www. justrealestate.org (last checked out April 20, 2007). 110. See, e. g., Mortgage101. com, http://www. mortgage101.com (last visited April 20, 2007). 111. See, e. g., Zillow. com, http://www. zillow.com (last gone to April 20, 2007). 112. Shortt, Public Comment 311, at 1.
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Perriello, Tr. at 149. See likewise Whatley, Tr. at 160-61 (keeping in mind that customers now may investigate online not only homes for sale, however also the whole purchasing and selling process). 114. American Bankers Association, Public Remark 10, at 3 (remark). See likewise Perriello, Tr. at 149 (listing several functions of property websites, consisting of property pictures, virtual tours, rich text, mapping functionality, and neighborhood info); Sambrotto, Tr.
You can publish color pictures. You can post virtual tours. And you can have that info quickly searched and regularly searched by buyers from their own houses on the [I] nternet."). 115. DelBianco, Tr. at 185. 116. NAR 2005 SURVEY, supra note 38, at 29. 117. NAR 2006 STUDY, supra note 4, at 37. In most states, there exists a single licensing board. Even more, NAR subscription is required for all agents and brokers that come from the large bulk of MLSs in the United States. Such entities are likely to gain financially from increased entry into the brokerage market. 220. See Hsieh & Moretti, supra note 139, at 1089 (" as long as the commission rate is repaired, the quantity of time that realtors dedicate to prospecting and farming relative to in fact selling a house or finding an appropriate house for a buyer increases as the marketplace becomes a growing number of competitive, that is, as more real estate agents are chasing after the same number of clients").
Id. at 1089 (" the expense of finding a consumer increases with the variety of realtors in the market, without always generating chuck wesley extra advantages to the customer"). 222. These information come from the "overall house offering expenditure" field in the Bureau of Labor Data' annual Consumer Expenditure Survey from 1980-1990. This field also includes selling expenditures besides commissions, like closing expenses and lawyers costs, so it is most likely to overstate the real commission rate.
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Id. at 1082. 223. Id. at 1118. 224. Id. at 1116-17. 225. See Hsieh & Moretti, supra note 139, at 213 and accompanying text. Yun revealed evidence of get out of your timeshare entry as a result of the recent real estate market boom, as well as evidence that NAR membership has differed directly with real estate prices for at least the previous 20 years.
226. According to REAL Trends information, the number of deal sides per representative declined from 12. 7 in 2000 to 10. 2 in 2005. See http://www. remax-cahi. com/esource/marketingmaterials/ 2005realtrends500. pdf; and http://www. realtrends.com/past_newsletters. asp?article= newsletters/2005 _ 04_6. htm. 227. NAR, Public Remark 208, at 12. 228. Yun, Tr. at 225. See conversation in Hsieh & Moretti, supra note 139, at 1116 (approximating $1.
2 billion social waste arising from excess entry in 1990). 229. See Hsieh, Tr. at 233 (" [T] he real puzzle in the property service is why does there appear to be this reasonably fixed commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I'm sure lots of individuals today have actually mentioned, the puzzle is why the portion commission has been so stubbornly persistent."); Hsieh & Moretti, supra note 139, at 1086 (" The apparent uniformity of commission rates provides a huge puzzle, especially if one believes that the expense and effort required to sell a home do not increase one to one with the cost of housing.
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230. ALA. CODE 34-27-36 (1975 ). 231. ALASKA STAT. 08. 88.401 (Michie 2005). 232. KAN. STAT. ANN. 58-3062 (2006 ). 233. LA. REV. STAT. ANN. 37:1455 (West 2006 ). 234. MISS. CODE ANN. 73-35-21 (2006 ). 235. MO. REV. STAT. 339. 150( 2006). 236. N.J. STAT. ANN. 45:15 -3. 1 (West 2006). 237. N.D. CENT. 1( 2006). 238. OKLA. STAT. ANN. tit. 59, 858-312 (West 2006). 239. OR. REV. STAT. 696. 290( 2005). 240. IOWA CODE 543B.60 A( 2005 ). 241. Based on weighted typical prices of brand-new and current houses in 2005($ 271,263), the purchaser's broker's share of a $13,834 commission would be $6,917. A purchaser who is rebated half of this would get $3,459.
242. See, e. g., California Retail Liquor Dealers Ass 'n v. Midcal Aluminum, Inc., 445 U.S. 97, 105 (1980) (entity declaring state action resistance from federal antitrust laws should demonstrate that its actions are (1) pursuant to a clearly articulated state policy purposefully displacing competitors with an alternative regulative scheme and (2) actively monitored by the state or a qualified government firm or official).
2003), available at http://www. ftc.gov/ os/2003/09/ stateactionreport. pdf (analyzing state action immunity teaching). 243. See, e. g., Hoover v. Ronwin, 466 U.S. 558, 568 (1984) (" Closer analysis is needed when the activity at problem is not straight that of the legislature or supreme court, but is brought out by others pursuant to state permissions."); Southern Motor Carriers Rate Conference v.