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 listing the home in the MLS and placing it on a number of sites, he provides the seller help once the buyer is found. In addition to the flat fee price of $495 paid sometimes of listing, the "flat-fee plus" option requires the seller likewise to pay $1,500 at closing.
at 68 (explaining the alternative). 280. In an address at the start of the Workshop, (then Performing) Assistant Attorney General 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 told that I likewise have to purchase some french fries, due to the fact that the state has chosen timeshare escape that it might be deceptive or deceptive or bad if I only got the hamburger, paid for it and didn't realize I wasn't going to get the french fries." Barnett, Tr.
Similarly, at a current Congressional hearing on competitors in the realty brokerage industry, Agent Baker analogized minimum-service laws and policies to needing a customer to have his/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 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 (noting that he contends versus standard "agents out there that offer little or no worth to the transaction."). 282. See Lewis, Tr. at 179 (" While some consumers may be advanced enough to represent themselves in some or all of the steps of a transaction, many are not.").
22, 2005, available at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (pricing estimate Texas Association of Realtors declaring that minimum-service rules would prevent consumer confusion); Peter G. Baker, Employing a Broker: Should You Anticipate Less?, REALTY TIMES, Apr. 11, 2006, offered at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Federal government companies] argue that with disclosures and waivers customers must have the ability to decline any brokerage service or responsibility.
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We do not, for instance, permit customers to save cash by working with physicians who cut expenses by not decontaminating surgical instruments or washing Hop over to this website 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 foster rate negotiations before entering 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 reaction to an FTC questionnaire, respondents from Colorado, North Dakota, Vermont, and Washington noted that problems against limited service brokers were minimal or nonexistent. The survey is readily available at http://www.
htm. 288. Our review of fee-for-service broker websites exposes that customers appear to have all set access to prices that fee-for-service brokers charge for extra services beyond the MLS-only option in advance of getting in into a legal relationship. This finding weakens a necessary condition for the hold-up theory to be plausible that consumers only learn the prices for extra services after they have gotten in into an unique listing agreement.
Ohlhausen, Minimum-Service Requirements in Property Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (talking about numerous theoretical and empirical factors why the hold-up theory does not appear to apply to fee-for-service brokerage). 289. See Farmer, Tr - how to invest in real estate with no money. at 71-72. 290. Kunz, Tr. at 82-83. See also Perriello, Tr. at 152 (speaking for Cendant, and stating that "we believe that customers.
must be able to choose their service designs along with the provider of those services, whether they be limited service or full-service"). 291. Sambrotto, Tr. how to invest in commercial real estate. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CUSTOMER FEDERATION OF AMERICA, HOW THE PROPERTY CARTEL DAMAGES 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., Property Firm Reform: Meeting the Needs of Buyers, Sellers, and Brokers, 25 PROPERTY L.J. 345, 350 (1997) (keeping in mind that company relationships can be developed by actions).
Whatley, Tr. at 48. 299. Avoiding fee-for-service listings without disclosure to purchasers, nevertheless, may raise issues concerning the fulfillment of fiduciary tasks. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Realty Associations Base On MLS-Entry-Only Listings, REAL ESTATE TIMES, Feb. 24, 2005, available 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 create or indicate an agency 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 property transaction may, unless forbidden by law or the brokerage relationship, supply support to a purchaser or potential buyer 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 http://miloktlp323.tearosediner.net/the-of-how-to-become-a-real-estate-agent-in-texas F. 2d 1351, 1374 (5th Cir. 1980) (" [W] hen broker involvement in the [MLS] is high, the service itself is financially successful and competitors from other listing services is lacking, guidelines which invite the unjustified exclusion of any broker ought to be discovered 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 conversation of the different personal litigation involving alleged MLS-related restraints is beyond the scope of this Report.
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For a discussion of special agency contracts and other kinds 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 Genuine Estate Services, 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., Info and Realty Providers, LLC, FTC File No (what is cam 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), 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), available at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Property Brokers of Rockland, Ltd., Dkt.