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 gone to April 20, 2007); FSBO.com, http://www. fsbo.com (last gone to April 20, 2007); craigslist. org, http://sfbay.
com, http://www. homesbyowner.com (last gone to April 20, 2007). See Thorburn, Tr - how to become a real estate agent in illinois. how to become a commercial real estate agent. at 97-98 (noting the variety of tools available to FSBOs). See also 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 business model). 94. Henderson, Tr. at 154. 95. Id. at 155 - how to become a real estate agent in illinois. 96. This assistance can include: finding and scheduling examination of homes by prospective purchasers; supplying prospective buyers with details such as relative residential or commercial property values and most recent selling rates; helping in the negotiation process; and assisting to schedule and get ready for closing of the deal.
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Henderson, Tr. at 156-57. 98. NAR 2006 SURVEY, supra note 4, at 77. 99. Id. at 80, 68. 100. NAR 2005 STUDY, 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 (keeping in mind that all standard business "have a considerable 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 visited April 20, 2007); FSBO.com, http://www.
com, http://www. homesbyowner (what does under contract mean in real estate).com (last visited April 20, 2007). 109. See, e. g., JustRealEstate. org, http://www. justrealestate.org (last visited April 20, 2007). 110. See, Article source e. g., Mortgage101. com, http://www. mortgage101.com (last gone to April 20, 2007). 111. See, e. g., Zillow. com, http://www. zillow.com (last visited April 20, 2007). 112. Shortt, Public Remark 311, at 1.
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Perriello, Tr. at 149. See likewise Whatley, Tr. at 160-61 (noting that consumers now may look into online not only homes for sale, however likewise the entire purchasing and selling process). 114. American Bankers Association, Public Comment 10, at 3 (comment). See also Perriello, Tr. at 149 (listing a number of features of genuine estate sites, including home pictures, virtual trips, rich text, mapping performance, and community details); Sambrotto, Tr.
You can post color photos. You can publish virtual tours. And you can have that info quickly browsed and frequently browsed by buyers from their own homes on the [I] nternet."). 115. DelBianco, Tr. at 185. 116. NAR 2005 STUDY, supra note 38, at 29. 117. NAR 2006 SURVEY, supra note 4, at 37. In many states, there exists a single licensing board. Further, NAR subscription is needed for all agents and brokers that belong to the large majority of MLSs in the United States. Such entities are likely to get 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 really offering a home or finding a proper house for a buyer increases as the market becomes a growing number of competitive, that is, as more real estate agents are chasing after the same variety of customers").
Id. at 1089 (" the expense of finding a client increases with the variety of real estate agents in the market, without always creating fringe benefits to the consumer"). 222. These data come from the "total home offering expenditure" field in the Bureau of Labor Stats' yearly Customer Expenditure Survey from 1980-1990. This field also consists of selling expenditures besides commissions, like closing expenses and lawyers charges, so it is likely to overstate the actual 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 https://zanecdhp371.wordpress.com/2022/04/08/the-smart-trick-of-how-to-choose-a-real-estate-agent-for-selling-that-nobody-is-discussing/ and accompanying text. Yun showed proof of entry as an outcome of the current housing market boom, along with proof that NAR membership has actually varied straight with housing costs for a minimum of the previous twenty years.
226. According to REAL Trends data, the number of deal sides per agent decreased 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, wesleyan financial services at 1116 (estimating $1.
2 billion social waste arising from excess entry in 1990). 229. See Hsieh, Tr. at 233 (" [T] he real puzzle in the property service is why does there appear to be this reasonably fixed commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I make sure many individuals today have actually pointed out, the puzzle is why the portion commission has been so stubbornly persistent."); Hsieh & Moretti, supra note 139, at 1086 (" The apparent harmony of commission rates provides a massive puzzle, particularly if one believes that the cost and effort necessary to offer a house do not increase one to one with the rate of housing.
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230. ALA. CODE 34-27-36 (1975 ). 231. ALASKA STAT. 08. 88.401 (Michie 2005). 232. KAN. STAT. ANN. 58-3062 (2006 ). 233. LA. REV. STAT. ANN. 37:1455 (West 2006 ). 234. MISS. CODE ANN. 73-35-21 (2006 ). 235. MO. REV. STAT. 339. 150( 2006). 236. N.J. STAT. ANN. 45:15 -3. 1 (West 2006). 237. N.D. CENT. 1( 2006). 238. OKLA. STAT. ANN. tit. 59, 858-312 (West 2006). 239. OR. REV. STAT. 696. 290( 2005). 240. IOWA CODE 543B.60 A( 2005 ). 241. Based on weighted typical prices of brand-new and current houses in 2005($ 271,263), the purchaser's broker's share of a $13,834 commission would be $6,917. A buyer 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 immunity from federal antitrust laws should demonstrate that its actions are (1) pursuant to a plainly articulated state policy deliberately displacing competition with an alternative regulative scheme and (2) actively monitored by the state or a certified government firm or authorities).
2003), available at http://www. ftc.gov/ os/2003/09/ stateactionreport. pdf (analyzing state action resistance teaching). 243. See, e. g., Hoover v. Ronwin, 466 U.S. 558, 568 (1984) (" Closer analysis is required when the activity at problem is not directly that of the legislature or supreme court, but is carried out by others pursuant to state authorizations."); Southern Motor Carriers Rate Conference v.