278. See HUD REPORT, supra note 201. 279. One panelist who is a fee-for-service broker describes this as his "flat-fee plus" alternative, where, in addition to noting the home in the MLS and placing it on several sites, he offers the seller help once the purchaser is discovered. In addition to the flat cost rate of $495 paid at time of listing, the "flat-fee plus" alternative requires the seller also to pay $1,500 at closing.
at 68 (explaining the choice). 280. In an address at the start of the Workshop, (then Performing) Assistant Chief Law Officer Thomas Barnett observed that minimum-service laws and guidelines can be deemed no different from states passing a guideline that says: "When I walk into McDonald's and buy a hamburger, I'm informed that I likewise need to purchase some french fries, since the state has actually chosen that it might be misleading or misleading or bad if I just got the hamburger, paid for it and didn't realize I wasn't going to get the french fries." Barnett, Tr.
Likewise, at a recent Congressional hearing on competitors in the realty brokerage industry, Representative Baker analogized minimum-service laws and regulations to requiring a consumer to have his/her whole house painted timeshares when she or he just wanted the deck painted. See Hearing, supra note 1, at 30 (statement of Rep.
Baker, member House Comm. on Financial Solutions), 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 completes versus standard "agents out there that deal little or no worth to the transaction."). 282. See Lewis, Tr. at 179 (" While some customers may be advanced sufficient to represent themselves in some or all of the steps of a transaction, most are not.").
22, 2005, readily available at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (pricing quote Texas Association of Realtors claiming that minimum-service rules would avoid 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 firms] argue that with disclosures and waivers customers need to be able to refuse any brokerage service or commitment.
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We do not, for example, enable customers to conserve cash by hiring physicians who https://diigo.com/0nhrjh cut expenses by not decontaminating surgical instruments or washing 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 promote price settlements prior to getting in a representation contract 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, respondents from Colorado, North Dakota, Vermont, and Washington kept in mind that problems versus minimal service brokers were minimal or nonexistent. The survey is offered at http://www.
htm. 288. Our The original source review of fee-for-service broker sites reveals that consumers appear to have ready access to costs that fee-for-service brokers charge for additional services beyond the MLS-only choice in advance of getting in into a legal relationship. This finding undermines an essential condition for the hold-up theory to be plausible that consumers only discover the prices for additional services after they have actually participated in an exclusive listing agreement.
Ohlhausen, Minimum-Service Requirements in Real Estate Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (going over various theoretical and empirical reasons that the hold-up theory does not appear to use to fee-for-service brokerage). 289. See Farmer, Tr - what does arv mean in real estate. at 71-72. 290. Kunz, Tr. at 82-83. See also Perriello, Tr. at 152 (speaking for Cendant, and stating that "we believe that consumers.
should have the ability to select their service designs in addition to the service provider of those services, whether they be limited service or full-service"). 291. Sambrotto, Tr. what does a real estate agent do. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CUSTOMER FEDERATION OF AMERICA, HOW THE REALTY 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., Property Agency Reform: Meeting the Requirements of Buyers, Sellers, and Brokers, 25 PROPERTY L.J. 345, 350 (1997) (noting that agency relationships can be produced by actions).
Whatley, Tr. at 48. 299. Preventing fee-for-service listings without disclosure to buyers, however, might raise concerns concerning the satisfaction of fiduciary duties. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Property Associations Stand On MLS-Entry-Only Listings, REAL ESTATE TIMES, Feb. 24, 2005, offered at http://realtytimes. com/rtapages/20050224 _ mlsentryonly. htm. 302. OHIO CODE 4735.
18 of the Revised Code and negotiations carried out by a licensee pursuant to the authorization shall not develop or indicate a company relationship in between that licensee and the customer of that exclusive broker."). 303. VA CODE 54. 1-2132( C) (reliable July 1, 2007) (" A licensee engaged by a seller in a real estate transaction may, unless prohibited by law or the brokerage relationship, provide support to a buyer 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. Realty 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 competitors from other listing services is lacking, rules which invite the unjustified exemption of any broker should 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 different private lawsuits involving alleged MLS-related restraints is beyond the scope of this Report.
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For a discussion of exclusive company agreements and other types of noting agreements, 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 Solutions, 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 Property Services, LLC, FTC File No (what does mls stand for in real estate). 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) (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) (decision 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.