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 noting the house in the MLS and placing it on a number of websites, he supplies the seller help once the purchaser is found. In addition to the flat charge price of $495 paid at time of listing, the "flat-fee plus" alternative needs the seller likewise to pay $1,500 at closing.
at 68 (explaining the option). 280. In an address at the beginning of the Workshop, (then Performing) Assistant Attorney General Of The United States Thomas Barnett observed that minimum-service laws and regulations can be considered as no different from states passing a policy that states: "When I walk into McDonald's and order a hamburger, I'm told that I likewise have 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 realize I wasn't going to get the french fries." Barnett, Tr.
Similarly, at a current Congressional hearing on competition in the real estate brokerage market, Representative Baker analogized minimum-service laws and guidelines to needing a customer to have his/her entire home painted when he or she just wanted the porch painted. See Hearing, supra note 1, at 30 (declaration of Rep.
Baker, member Home 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 (keeping in mind that he completes versus standard "agents out there that deal little or no worth to the deal."). 282. See Lewis, Tr. at 179 (" While some customers may be advanced enough to represent themselves in some or all of the steps of a transaction, most are not.").
22, 2005, offered at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (quoting Texas Association of Realtors claiming that minimum-service rules would prevent customer confusion); Peter G. Baker, Employing a Broker: Should You Expect Less?, REAL ESTATE TIMES, Apr. 11, 2006, readily available at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Federal government companies] argue that with disclosures and waivers consumers must be able to refuse any brokerage service or commitment.
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We do not, for example, allow consumers to conserve money by hiring medical professionals who cut costs by not sterilizing surgical instruments or washing their hands."). 283. See Darryl W. Anderson, Minimum-Service Requirements in Property Brokerage: An Action 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 getting in 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 response to an FTC survey, participants from Colorado, North Dakota, Vermont, and Washington kept in mind that problems against minimal service brokers were minimal or nonexistent. The questionnaire is offered at http://www.
htm. 288. Our review of fee-for-service broker sites reveals that more info consumers appear to have all set access to costs that fee-for-service brokers charge for extra services beyond the MLS-only choice in advance of entering into a legal relationship. This finding undermines an essential condition for the hold-up theory to be plausible that customers just learn the costs for additional services after they have actually participated in an exclusive listing agreement.
Ohlhausen, Minimum-Service Requirements in Property Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (going over different theoretical and empirical reasons the hold-up theory does not appear to apply to fee-for-service brokerage). 289. See Farmer, Tr - how to become a commercial real estate agent. at 71-72. 290. Kunz, Tr. at 82-83. See likewise Perriello, Tr. at 152 (speaking for Cendant, and stating that "we think that consumers.
ought to be able to choose their service designs in addition to the supplier of those services, whether they be restricted service or full-service"). 291. Sambrotto, Tr. how to become a real estate broker in california. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CONSUMER FEDERATION OF AMERICA, HOW THE PROPERTY CARTEL DAMAGES 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., Realty Agency Reform: Meeting the Needs of Purchasers, Sellers, and Brokers, 25 PROPERTY L.J. 345, 350 (1997) (noting that agency relationships can be developed by actions).
Whatley, Tr. at 48. 299. Preventing fee-for-service listings without disclosure to purchasers, nevertheless, might raise problems worrying the fulfillment of fiduciary duties. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Real https://www.atoallinks.com/2022/all-about-how-to-get-a-real-estate-license-in-florida/ Estate Associations Stand 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 settlements conducted by a licensee pursuant to the authorization will not develop or suggest an agency relationship between that licensee and the client of that exclusive 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, offer help to a buyer or prospective 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 involvement in the [MLS] is high, the service itself is economically successful and competition from other listing services is lacking, guidelines which welcome the unjustified exclusion of any broker ought 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 discussion of the numerous private lawsuits including alleged MLS-related restraints is beyond the scope of this Report.
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For a discussion of exclusive agency contracts and other types of noting 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., Info and Property Providers, LLC, FTC File what happens if you stop paying timeshare No (how do real estate agents get paid). 061-0087, at 6 (2006) (analysis to aid public comment), readily available at http://www.
pdf. 314. See, e. g., Austin Bd. of Realtors, FTC Dkt. No. C-4167, at 17 (2006) (grievance), 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), available at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Property Brokers of Rockland, Ltd., Dkt.