278. See HUD REPORT, supra note 201. 279. One panelist who is a fee-for-service broker explains this as his "flat-fee plus" alternative, where, in addition to noting the home in the MLS and putting it on several websites, he supplies the seller support once the purchaser is found. In addition to the flat fee cost of $495 paid at time of listing, the "flat-fee plus" choice needs the seller likewise to pay $1,500 at closing.
at 68 (describing the alternative). 280. In an address at the start of the Workshop, (then Performing) Assistant Chief Law Officer Thomas Barnett observed that minimum-service laws and policies can be deemed no different from states passing a policy that states: "When I walk into McDonald's and buy a hamburger, I'm informed that I likewise need to buy some french fries, due to the fact that the state has actually chosen that it may be deceptive or misleading or bad if I just got the hamburger, paid for it and didn't understand I wasn't going to get the french fries." Barnett, Tr.
Likewise, at a recent Congressional hearing on competitors in the genuine estate brokerage industry, Agent Baker analogized minimum-service laws and policies to needing a consumer to have his or her whole home painted when he or she just wanted the deck painted. See Hearing, supra note 1, at 30 (statement of Rep.
Baker, member House Comm. on Financial Solutions), offered at http://frwebgate. access.gpo. gov/cgi-bin/getdoc. cgi?dbname= 109_house_hearings & docid= f:31541. pdf. 281. See Farmer, Tr. at 105 (keeping in mind that he competes versus traditional "representatives out there that deal little or no value to the deal."). 282. See Lewis, Tr. at 179 (" While some consumers may be sophisticated adequate to represent themselves in some or all of the steps of a deal, many are not.").
22, 2005, offered at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (pricing quote Texas Association of Realtors claiming that minimum-service guidelines would avoid customer confusion); Peter G. Baker, Working With a Broker: Should You Expect Less?, REAL ESTATE TIMES, Apr. 11, 2006, offered at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Government firms] argue that with disclosures and waivers customers must have the ability to refuse any brokerage service or commitment.
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We do not, for example, enable consumers to save money by working with medical professionals who cut costs by not sterilizing surgical instruments or cleaning their hands."). 283. See Darryl W. Anderson, Minimum-Service Requirements in Real Estate Brokerage: A Reaction to Maureen K. Ohlhausen, ANTITRUST SOURCE, Jan. 2006, at 3-4 (arguing that minimum-service requirements are procompetitive because they foster cost negotiations prior to going into a representation agreement 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 action to an FTC questionnaire, participants from Colorado, North Dakota, Vermont, and Washington kept in mind that complaints versus restricted service brokers were minimal or nonexistent. The survey is available at http://www.
htm. 288. Our review of fee-for-service broker sites exposes that customers appear to have ready access to prices that fee-for-service brokers charge for extra services beyond the MLS-only choice in advance of entering into a legal relationship. This finding weakens a needed condition for the hold-up theory to be plausible that consumers only discover the prices for additional services after they have gotten in into an unique listing arrangement.
Ohlhausen, Minimum-Service Requirements in Property Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (discussing numerous theoretical and empirical reasons why the hold-up theory does not appear to apply to fee-for-service brokerage). 289. See Farmer, Tr - how to become a real estate appraiser. at 71-72. 290. Kunz, Tr. at 82-83. See also Perriello, Tr. at 152 (speaking for Cendant, and mentioning that "our company believe that consumers.
must have the ability to pick their service models in addition to the service provider of those services, whether they be limited service or http://kameronpjvy202.cavandoragh.org/fascination-about-how-long-does-it-take-to-become-a-real-estate-agent full-service"). 291. Sambrotto, Tr. how to invest in real estate with little money. at wfg mortgage 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CUSTOMER FEDERATION OF AMERICA, HOW THE REAL ESTATE 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., Real Estate Firm 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 purchasers, nevertheless, may raise problems concerning the satisfaction of fiduciary responsibilities. 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, readily available at http://realtytimes. com/rtapages/20050224 _ mlsentryonly. htm. 302. OHIO CODE 4735.
18 of the Modified Code and negotiations conducted by a licensee pursuant to the authorization shall not produce or suggest an agency relationship between that licensee and the client of that Click here special broker."). 303. VA CODE 54. 1-2132( C) (effective July 1, 2007) (" A licensee engaged by a seller in a property deal may, unless prohibited by law or the brokerage relationship, provide help to a buyer or possible 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 economically effective and competitors from other listing services is doing not have, rules which invite the unjustified exclusion 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 various personal litigation involving declared MLS-related restraints is beyond the scope of this Report.
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For a discussion of exclusive agency agreements and other kinds of listing 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; 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 Genuine Estate Services, LLC, FTC File No (how to buy commercial real estate). 061-0087, at 6 (2006) (analysis to help public remark), offered at http://www.
pdf. 314. See, e. g., Austin Bd. of Realtors, FTC Dkt. No. C-4167, at 17 (2006) (problem), offered 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 Property Brokers of Rockland, Ltd., Dkt.