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 a number of websites, he provides the seller help once the purchaser is found. In addition to the flat cost rate of $495 paid sometimes of listing, the "flat-fee plus" option needs the seller also to pay $1,500 at closing.
at 68 (describing the choice). 280. In an address at the beginning of the Workshop, (then Acting) Assistant Attorney General Of The United States Thomas Barnett observed that minimum-service laws and guidelines can be viewed as no different from states passing a guideline that states: "When I walk into McDonald's and buy a hamburger, I'm told that I likewise need to buy some french fries, because the state has decided that it might be misleading or deceptive or bad if I just got the hamburger, spent for it and didn't recognize I wasn't going to get the french fries." Barnett, Tr.
Similarly, at a recent Congressional hearing on competitors in the real estate brokerage market, Agent Baker analogized minimum-service laws and policies to needing a consumer to have his/her entire home painted when she or he only desired the patio painted. See Hearing, supra note 1, at 30 (declaration of Rep.
Baker, member Home Comm. on Financial Solutions), readily available 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 competes versus traditional "agents out there that offer little or no worth to the transaction."). 282. See Lewis, Tr. at 179 (" While some customers might be advanced sufficient to represent themselves in some or all of the actions of a transaction, the majority of are not.").
22, 2005, offered at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (pricing estimate Texas Association of Realtors declaring that minimum-service guidelines would prevent consumer confusion); Peter G. Baker, Employing a Broker: Should You Anticipate Less?, REALTY TIMES, Apr. 11, 2006, available at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Federal government companies] argue that with disclosures and waivers customers ought to be able to refuse any brokerage service or obligation.
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We do not, for instance, permit customers to conserve money by employing medical professionals who cut expenses by how can you get out of a timeshare 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 since they cultivate rate settlements before going into a representation contract over what a fee-for-service broker will 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 reaction to an FTC questionnaire, participants from Colorado, North Dakota, Vermont, and Washington kept in mind that grievances against minimal service brokers were minimal or nonexistent. The survey is offered at http://www.
htm. 288. Our review of fee-for-service broker websites exposes that customers appear to have prepared access to costs that fee-for-service brokers charge for extra services beyond the MLS-only alternative in advance of participating in a legal relationship. This finding undermines a necessary condition for the hold-up theory to be plausible that customers only learn the costs for extra services after they have entered into an unique listing arrangement.
Ohlhausen, Minimum-Service Requirements in Real Estate Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (talking about numerous theoretical and empirical reasons why the hold-up theory does not appear to use to fee-for-service brokerage). 289. See Farmer, Tr - how to become real estate agent. at 71-72. 290. Kunz, Tr. at 82-83. See likewise Perriello, Tr. at 152 (speaking for Cendant, and mentioning that "we believe that customers.
must have the ability to choose their service models along with the provider of those services, whether they be restricted service or full-service"). 291. Sambrotto, Tr. how to buy commercial real estate. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CONSUMER FEDERATION OF AMERICA, HOW THE PROPERTY CARTEL HARMS 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., Real Estate Agency Reform: Meeting the Needs of Buyers, Sellers, and Brokers, 25 REAL ESTATE 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 concerns worrying the satisfaction of fiduciary tasks. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Real Estate Associations Stand On MLS-Entry-Only Listings, REALTY TIMES, Feb. 24, 2005, readily available at http://realtytimes. com/rtapages/20050224 _ mlsentryonly. htm. 302. OHIO CODE 4735.
18 of the Revised Code and settlements performed by a licensee pursuant to the permission shall not create or suggest an agency relationship between that licensee and the customer of that unique broker."). 303. VA CODE 54. 1-2132( C) (efficient July 1, 2007) (" A licensee engaged by a seller in a genuine estate transaction may, unless forbidden by law or the brokerage relationship, provide 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 participation in the [MLS] is high, the service itself is economically successful and competitors from other listing services is doing not have, guidelines which invite 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 Go to this site 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 various private 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 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; Information and Realty Providers, LLC, FTC File No.
051-0065; Williamsburg Area Ass 'n of Realtors, Inc., FTC File No. timeshare maintenance fees 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., Details and Real Estate Solutions, LLC, FTC File No (what is cap rate real estate). 061-0087, at 6 (2006) (analysis to aid public remark), readily 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) (choice and order), readily available at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Property Brokers of Rockland, Ltd., Dkt.