278. See HUD REPORT, supra note 201. 279. One panelist who is a fee-for-service broker explains this as his "flat-fee plus" option, where, in addition to listing the home in the MLS and putting it on a number of websites, he offers the seller support once the purchaser is discovered. In addition to the flat cost cost of $495 paid at time of listing, the "flat-fee plus" choice requires the seller likewise to pay $1,500 at closing.
at 68 (explaining the alternative). 280. In an address at the beginning of the Workshop, (then Acting) Assistant Lawyer General Thomas Barnett observed that minimum-service laws and policies can be deemed no different from states passing a guideline that says: "When I stroll into McDonald's and order a hamburger, I'm informed that I also have to buy some french fries, since the state has actually decided that it might be misleading or deceptive 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 market, Representative Baker analogized minimum-service laws and policies to requiring a customer to have his or her whole house painted when she or he only wanted the patio painted. See Hearing, supra note 1, at 30 (statement of Rep.
Baker, member House Comm. on Financial Providers), 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 against conventional "agents out there that deal little or no worth to the transaction."). 282. See Lewis, Tr. at 179 (" While some consumers may be sophisticated sufficient 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 guidelines would avoid consumer confusion); Peter G. Baker, Working With a Broker: Should You Expect Less?, REALTY TIMES, Apr. 11, 2006, available at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Federal government firms] argue that with disclosures and waivers consumers ought to be able to decline any brokerage service or obligation.
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We do not, for instance, enable consumers to save cash by employing medical professionals who cut expenses by not sanitizing 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 due to the fact that they foster rate negotiations 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 survey, 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. how much does it cost to cancel a timeshare 288. Our review of fee-for-service broker websites exposes that consumers appear to have all set access to prices that fee-for-service brokers charge for extra services beyond the MLS-only choice in advance of participating in a contractual relationship. This finding weakens a necessary condition for the hold-up theory to be possible that consumers just learn the prices for extra services after they have entered into an exclusive listing arrangement.
Ohlhausen, Minimum-Service Requirements in Realty Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (talking about various theoretical and empirical reasons that the hold-up theory does not appear to apply to fee-for-service brokerage). 289. See Farmer, Tr - how to become a real estate agent in va. at 71-72. 290. Kunz, Tr. at 82-83. See likewise Perriello, Tr. at 152 (speaking for Cendant, and mentioning that "we think that customers.
need to have the ability to choose their service designs in addition to the company of those services, whether they be limited service or full-service"). 291. Sambrotto, Tr. how to get a real estate license in ohio. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CONSUMER 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., Property Company Reform: Satisfying the Requirements of Buyers, Sellers, and Brokers, 25 PROPERTY L.J. 345, 350 (1997) (keeping in mind that agency relationships can be created by actions).
Whatley, Tr. at 48. 299. Avoiding fee-for-service listings without disclosure to purchasers, nevertheless, may raise problems concerning the fulfillment of fiduciary tasks. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Property Associations Base On MLS-Entry-Only Listings, REALTY 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 will not produce or imply a company relationship between that licensee and the customer of that unique broker."). 303. VA CODE 54. 1-2132( C) (effective July 1, 2007) (" A licensee engaged by a taylor aguon seller in a realty deal may, unless prohibited by law or the brokerage relationship, supply help 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 F. 2d 1351, 1374 (5th Cir. 1980) (" [W] hen broker participation in the [MLS] is high, the service itself is financially effective and competitors from other listing services is lacking, rules which invite the unjustified exclusion of any broker must 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 including alleged MLS-related restraints is beyond the scope of this Report.
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For a conversation of unique company agreements 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 SURVEY, supra note 38, at 29-30. 312. Austin Bd. of Realtors, FTC Dkt. No. C-4167; Info 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 Realty Providers, LLC, FTC File No (what can i do with a real estate license). 061-0087, at 6 (2006) (analysis to help public remark), readily timeshare debt release available at http://www.
pdf. 314. See, e. g., Austin Bd. of Realtors, FTC Dkt. No. C-4167, at 17 (2006) (complaint), 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), readily available at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Real Estate Brokers of Rockland, Ltd., Dkt.