278. See HUD REPORT, supra note 201. 279. One panelist who is a fee-for-service broker describes this as his "flat-fee plus" choice, where, in addition to noting the home in the MLS and putting it on numerous websites, he provides the seller support once the buyer is found. In addition to the flat fee cost of $495 paid at time of listing, the "flat-fee plus" choice requires the seller also to pay $1,500 at closing.
at 68 (explaining the choice). 280. In an address at the start of the Workshop, (then Acting) Assistant Chief Law Officer Thomas Barnett observed that minimum-service laws and guidelines can be considered get me out of my timeshare as no various from states passing a policy that says: "When I walk into McDonald's and purchase a hamburger, I'm told that I likewise have to purchase some french fries, since the state has actually decided that it might be deceptive 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 recent Congressional hearing on competitors in the realty brokerage market, Representative Baker analogized minimum-service laws and policies to needing a consumer to have his/her whole home painted when he or she just desired the deck painted. See Hearing, supra note 1, at 30 (declaration of Rep.
Baker, member Home Comm. on Financial Solutions), 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 against traditional "representatives out there that deal little or no value to the transaction."). 282. See Lewis, Tr. at 179 (" While some consumers may be advanced sufficient to represent themselves in some or all of the steps of a transaction, the majority of are not.").
22, 2005, available at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (pricing quote Texas Association of Realtors claiming that minimum-service guidelines 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 (" [Government companies] argue that with disclosures and waivers consumers must be able to decline any brokerage service or responsibility.
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We do not, for example, permit customers to conserve money by working with physicians who cut expenses by not decontaminating surgical instruments or washing their hands."). 283. See Darryl W. Anderson, Minimum-Service Requirements in Real Estate 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 prior to 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 action to an FTC questionnaire, participants from Colorado, North Dakota, Vermont, and Washington noted that problems versus limited service brokers were minimal or nonexistent. The questionnaire is offered at http://www.
htm. 288. Our review of fee-for-service broker sites exposes that customers appear to have prepared access to rates that fee-for-service brokers charge for extra services beyond the MLS-only choice in advance of getting in into a contractual relationship. This finding weakens a necessary condition for the hold-up theory to be plausible that customers just find out the costs for extra services after they have actually gotten in into an exclusive listing arrangement.
Ohlhausen, Minimum-Service Requirements in Property Brokerage: A Reply to Darryl https://www.onfeetnation.com/profiles/blogs/facts-about-how-long-does-it-take-to-get-real-estate-license Anderson, ANTITRUST SOURCE, Mar. 2006 (going over various theoretical and empirical reasons that the hold-up theory does not appear to use to fee-for-service brokerage). 289. See Farmer, Tr - what does a real estate broker do. 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.
ought to be able to select their service models along with the provider of those services, whether they be limited service or full-service"). 291. Sambrotto, Tr. how do real estate agents get paid. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CUSTOMER 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., Realty Firm Reform: Fulfilling the Requirements of Purchasers, Sellers, and Brokers, 25 PROPERTY L.J. 345, 350 (1997) (noting that firm relationships can be created by actions).
Whatley, Tr. at 48. 299. Preventing fee-for-service listings without disclosure to buyers, however, might raise concerns worrying the satisfaction of fiduciary responsibilities. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Real Estate Associations Base 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 carried out by a licensee pursuant to the permission shall not produce or indicate a firm relationship in between that licensee and the customer of that unique broker."). 303. VA CODE 54. 1-2132( C) (reliable July 1, 2007) (" A licensee engaged by a seller in a property deal may, unless restricted by law or the brokerage relationship, offer help to a purchaser 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. Real Estate Multi-List, 629 F. 2d 1351, 1374 (5th Cir. 1980) (" [W] hen broker participation in hawaii timeshare presentation deals 2016 the [MLS] is high, the service itself is economically effective and competitors from other listing services is doing not have, guidelines 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 discussion of the different private litigation involving declared MLS-related restraints is beyond the scope of this Report.
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For a discussion of unique firm 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 SURVEY, supra note 38, at 29-30. 312. Austin Bd. of Realtors, FTC Dkt. No. C-4167; Info and Property Providers, 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., Information and Realty Services, LLC, FTC File No (how to choose a real estate agent for selling). 061-0087, at 6 (2006) (analysis to aid public remark), available at http://www.
pdf. 314. See, e. g., Austin Bd. of Realtors, FTC Dkt. No. C-4167, at 17 (2006) (complaint), readily available 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), readily available at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Real Estate Brokers of Rockland, Ltd., Dkt.