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 listing the house in the MLS and placing it on numerous websites, he offers the seller support once the buyer is found. In addition to the flat charge cost of $495 paid sometimes of listing, the "flat-fee plus" alternative requires the seller also 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 guidelines can be deemed no various from states passing a policy that says: "When I walk into McDonald's and purchase a hamburger, I'm informed that I likewise need to purchase some french fries, since the state has chosen that it might be deceptive or misleading or bad if I only got the hamburger, spent 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 property brokerage market, Representative Baker analogized minimum-service laws and policies to requiring a consumer to have his or her entire home painted when he or she only desired the porch painted. See Hearing, supra note 1, at 30 (declaration 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 (noting that he contends versus standard "agents out there that deal little or no value to the deal."). 282. See Lewis, Tr. at 179 (" While some customers might be sophisticated enough to represent themselves in some or all of the steps of a deal, the majority of are not.").
22, 2005, offered at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (estimating Texas Association of Realtors declaring that minimum-service rules would prevent consumer confusion); Peter G. Baker, Working With 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 consumers must have the ability to decline any brokerage service or commitment.
Not known Incorrect Statements About What Are The Requirements To Be A Real Estate Appraiser
We do not, for example, enable customers to save money by employing physicians who cut costs by not decontaminating surgical instruments or washing 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 due to the fact that they promote price settlements prior to entering a representation arrangement over what a fee-for-service broker will letter to cancel timeshare after rescission period 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 response to an FTC questionnaire, participants from Colorado, North Dakota, Vermont, and Washington noted that complaints versus restricted service brokers were minimal or nonexistent. The questionnaire is readily available at http://www.
htm. 288. Our review of fee-for-service broker sites reveals that consumers appear to have ready access to costs that fee-for-service brokers charge for extra services beyond the MLS-only alternative in advance of getting in into a contractual relationship. This finding undermines a needed condition for the hold-up theory to be plausible that consumers only learn the rates for additional services after they have participated in a special listing agreement.
Ohlhausen, Minimum-Service Requirements in Realty Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (discussing different 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 choose a real estate agent. at 71-72. 290. Kunz, Tr. at 82-83. See also Perriello, Tr. at 152 (speaking for Cendant, and stating that "our company believe that customers.
should have the ability to select their service designs along with the company of those services, whether they be restricted service or full-service"). 291. Sambrotto, Tr. how to become a real estate broker in florida. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CUSTOMER FEDERATION OF AMERICA, HOW THE PROPERTY CARTEL HURTS CONSUMERS AND HOW CONSUMERS CAN PROTECT THEMSELVES (June 2006), readily 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 Firm Reform: Fulfilling the Needs of Buyers, Sellers, and Brokers, 25 PROPERTY L.J. 345, 350 (1997) (keeping in mind that firm relationships can be produced https://610e3bb975ccb.site123.me/#section-6219ffed498be by actions).
Whatley, Tr. at 48. 299. Preventing fee-for-service listings without disclosure to purchasers, however, might raise issues 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, offered at http://realtytimes. com/rtapages/20050224 _ mlsentryonly. htm. 302. OHIO CODE 4735.
18 of the Modified Code and negotiations carried out by a licensee pursuant to the permission will not produce or indicate a company relationship in between that licensee and the client of that unique broker."). 303. VA CODE 54. 1-2132( C) (efficient July 1, 2007) (" A licensee engaged by a seller in a property deal may, unless prohibited by law or the brokerage relationship, supply assistance to a purchaser or potential purchaser 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. 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 lacking, rules which welcome 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 discussion of the different personal litigation involving declared 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 listing contracts, 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; Details and Genuine Estate Services, LLC, FTC just try it wyatt 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., Information and Property Providers, LLC, FTC File No (how to get leads in real estate). 061-0087, at 6 (2006) (analysis to aid 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), offered at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Property Brokers of Rockland, Ltd., Dkt.