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 noting the home in the MLS and placing it on a number of sites, he supplies the seller help once the purchaser is discovered. In addition to the flat cost rate 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 option). 280. In an address at the start of the Workshop, (then Performing) Assistant Lawyer General Thomas Barnett observed that minimum-service laws and policies can be considered as no various from states passing a policy that says: "When I stroll into McDonald's and buy a hamburger, I'm informed that I likewise have to purchase some french fries, because 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.
Similarly, at a recent Congressional hearing on competition in the real estate brokerage market, Agent Baker analogized minimum-service laws and guidelines to requiring a consumer to have his or her entire home painted when he or she only wanted the patio painted. See Hearing, supra note 1, at 30 (statement of Rep.
Baker, member Home Comm. on Financial Services), 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 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 sufficient to represent themselves in some or all of the steps of a transaction, many are not.").
22, 2005, offered at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (estimating Texas Association of Realtors claiming that minimum-service rules would avoid consumer confusion); Peter G. Baker, Hiring a Broker: Should You Anticipate Less?, REAL ESTATE TIMES, Apr. 11, 2006, offered at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Government companies] argue that with disclosures and waivers consumers must be able to decline any brokerage service or responsibility.
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We do not, for instance, enable customers to conserve cash by working with doctors who cut costs by not disinfecting surgical instruments or cleaning their hands."). 283. See Darryl W. Anderson, Minimum-Service Requirements in Property Brokerage: A Response to Maureen K. Ohlhausen, ANTITRUST SOURCE, Jan. 2006, at 3-4 (arguing that minimum-service requirements are procompetitive because they cultivate cost settlements before going into a representation contract 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 response to an FTC survey, respondents from Colorado, North Dakota, Vermont, and Washington noted that problems versus restricted service brokers were minimal or nonexistent. The survey is available at http://www.
htm. 288. Our review of fee-for-service broker websites exposes that consumers appear to have all set access to prices that fee-for-service brokers charge for additional services beyond the MLS-only option in advance of participating in a contractual relationship. This finding undermines a necessary condition for the hold-up theory to be possible that consumers only find out the rates for additional services after they have participated in a special listing contract.
Ohlhausen, Minimum-Service Requirements in Property Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (discussing different theoretical and empirical factors why the hold-up theory does not appear to apply to fee-for-service brokerage). 289. See Farmer, Tr - what are the requirements to be easy timeshare relief a real estate appraiser. 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.
must be able to choose their service models in addition to the service provider of those services, whether they be restricted service or full-service"). 291. Sambrotto, Tr. how to invest in real estate with little money. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CUSTOMER FEDERATION OF AMERICA, HOW THE PROPERTY CARTEL HURTS CONSUMERS AND HOW CONSUMERS CAN PROTECT THEMSELVES (June 2006), offered 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 Firm Reform: Meeting the Needs of Buyers, Sellers, and Brokers, 25 REALTY 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 buyers, nevertheless, may raise concerns concerning the fulfillment of fiduciary tasks. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Property Associations Base 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 timeshare sales tactics settlements performed by a licensee pursuant to the permission will not produce or imply a firm relationship in between that licensee and the customer of that exclusive broker."). 303. VA CODE 54. 1-2132( C) (efficient July 1, 2007) (" A licensee engaged by a seller in a genuine estate deal may, http://andersonjsds608.bearsfanteamshop.com/the-greatest-guide-to-how-to-generate-real-estate-leads unless prohibited by law or the brokerage relationship, offer support to a purchaser or potential purchaser 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 economically effective and competitors from other listing services is lacking, guidelines which invite the unjustified exemption of any broker must 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 discussion of the various personal litigation including declared MLS-related restraints is beyond the scope of this Report.
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For a discussion of special firm contracts and other types 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 Providers, 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., Details and Property Solutions, LLC, FTC File No (how to become a real estate developer). 061-0087, at 6 (2006) (analysis to help public remark), available at http://www.
pdf. 314. See, e. g., Austin Bd. of Realtors, FTC Dkt. No. C-4167, at 17 (2006) (complaint), 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) (decision and order), offered at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Realty Brokers of Rockland, Ltd., Dkt.