278. See HUD REPORT, supra note 201. 279. One panelist who is a fee-for-service broker describes this as his "flat-fee plus" option, where, in addition to noting the home in the MLS and putting it on numerous sites, he provides the seller support once the purchaser is found. In addition to the flat charge rate of $495 paid sometimes of listing, the "flat-fee plus" choice needs the seller likewise to pay $1,500 at closing.
at 68 (describing the option). 280. In an address at the beginning of the Workshop, (then Acting) Assistant Attorney General Thomas Barnett observed that minimum-service laws and policies can be viewed as no different from states passing a guideline that states: "When I stroll into McDonald's and purchase a hamburger, I'm informed that I also have to purchase some french fries, due to the fact that the state has actually chosen that it may be misleading or misleading 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 current Congressional hearing on competitors in the realty brokerage market, Agent Baker analogized minimum-service laws and regulations to https://www.onfeetnation.com/profiles/blogs/everything-about-how-to-create-wealth-investing-in-real-estate requiring a consumer to have his or her entire house painted when she or he just wanted the patio 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 against traditional "representatives out there that offer little or no value to the deal."). 282. See Lewis, Tr. at 179 (" While some customers might be sophisticated adequate to represent themselves in some or all of the steps of a deal, a lot of are not.").
22, 2005, offered at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (quoting Texas Association of Realtors claiming that minimum-service rules would avoid consumer 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 (" [Federal government firms] argue that with disclosures and waivers customers ought to have the ability to refuse any brokerage service or commitment.
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We do not, for example, permit customers to conserve money by employing medical professionals who cut costs by not sterilizing surgical instruments or cleaning 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 because they cultivate price settlements before entering a representation arrangement 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 action to an FTC questionnaire, respondents from Colorado, North Dakota, Vermont, and Washington kept in mind that complaints against limited service brokers were very little 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 ready access to prices that fee-for-service brokers charge for extra services beyond the MLS-only choice in advance of entering into a contractual relationship. This finding undermines a required condition for the hold-up theory to be plausible that customers just find out the rates for extra services after they have gotten in into an exclusive listing arrangement.
Ohlhausen, Minimum-Service Requirements in Property Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (going over different theoretical and empirical reasons that the hold-up theory does not appear to use to fee-for-service brokerage). 289. See Farmer, Tr - what is a cma in real estate. at 71-72. 290. Kunz, Tr. at 82-83. See also Perriello, Tr. at 152 (speaking for Cendant, and specifying that "our company believe that consumers.
should be able to select their service models as well as the supplier of those services, whether they be minimal service or full-service"). 291. Sambrotto, Tr. how to get started in real estate. 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), 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., Real Estate Firm Reform: Fulfilling the Needs of Purchasers, Sellers, and Brokers, 25 REAL ESTATE L.J. 345, 350 (1997) (keeping in mind that firm relationships can be created by actions).
Whatley, Tr. at 48. 299. Preventing fee-for-service listings without disclosure to purchasers, however, may raise concerns concerning the fulfillment of fiduciary responsibilities. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Property Associations Base 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 permission shall not produce or imply 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 real estate transaction may, unless prohibited by law or the brokerage relationship, Visit the website supply support to a purchaser or possible 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. 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 financially effective and competition from other listing services is lacking, rules which invite the unjustified exemption of any broker need to 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 conversation of the numerous 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 types of noting agreements, 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 Realty 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., Info and Property Solutions, LLC, FTC File No (how long does it take to get a real estate license). 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) (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) (choice and order), offered at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Property Brokers of Rockland, Ltd., Dkt.