A-00-CA-154JN, 2000 WL 34239114, at * 2 (W.D. Tex. Mar. 30, 2000). 87. DelBianco, Tr. at 182. 88. Id. 89. Id. 90. Id. at 186. 91. Examples of FSBO sites include: ForSaleByOwner. com, http://www. forsalebyowner.com (last visited April 20, 2007); FSBO.com, http://www. fsbo.com (last checked out April 20, 2007); craigslist. org, http://sfbay.
com, http://www. homesbyowner.com (last gone to April 20, 2007). See Thorburn, Tr - how long to get real estate license. how to become a real estate agent in ga. at 97-98 (keeping in mind the range of tools readily available to FSBOs). See also GAO REPORT, supra note 3, at 20. 92. Sambrotto, Tr. at 86. 93. See ForSaleByOwner. com Corp. v. Zinnemann, 347 F. Supp. 2d 868, 870-71 (E.D. Cal.
com service design). 94. Henderson, Tr. at 154. 95. Id. at 155 - how to get into commercial real estate. 96. This assistance can consist of: finding and arranging for evaluation of properties by prospective buyers; providing potential purchasers with details such as relative home values and most current asking price; helping in the settlement process; and assisting to schedule and prepare for closing of the deal.
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Henderson, Tr. at 156-57. 98. NAR 2006 STUDY, supra note 4, https://postheaven.net/mualleit2m/where-to-find-a at 77. 99. Visit this website Id. at 80, 68. 100. NAR 2005 STUDY, supra note 38, at 59. 101. See Hahn, Tr. at 29-30; AEI-Brookings Paper, supra note 3, at 13 n. 49; Nadel, supra note 25, at 4-5. 102. See Perriello, Tr.
at 174 (noting that all conventional business "have a significant online existence"). 103. NAR 2006 SURVEY, supra note 4, at 44. 104. See Whatley, Tr. at 160-61. 105. Id. at 210-11. 106. Id. at 161. 107. Id. 108. E.g., ForSaleByOwner. com, http://www. forsalebyowner.com (last checked out April 20, 2007); FSBO.com, http://www.
com, http://www. homesbyowner (what does under contract mean in real estate).com (last checked out April 20, 2007). 109. See, e. g., JustRealEstate. org, http://www. justrealestate.org (last visited April 20, 2007). 110. See, e. g., Mortgage101. com, http://www. mortgage101.com (last checked out April 20, 2007). 111. See, e. g., Zillow. com, http://www. zillow.com (last checked out April 20, 2007). 112. Shortt, Public Comment 311, at 1.
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Perriello, Tr. at 149. See also Whatley, Tr. at 160-61 (keeping in mind that consumers now might look into online not just homes for sale, but also the whole purchasing and offering process). 114. American Bankers Association, Public Remark 10, at 3 (comment). See also Perriello, Tr. at 149 (listing a number of features of realty websites, consisting of home images, virtual trips, abundant text, mapping performance, and community info); Sambrotto, Tr.
You can publish color images. You can post virtual trips. And you can have that info easily browsed and regularly browsed by purchasers from their own homes on the [I] nternet."). 115. DelBianco, Tr. at 185. 116. NAR 2005 STUDY, supra note 38, at 29. 117. NAR 2006 SURVEY, supra note 4, at 37. In most states, there exists a single licensing board. Further, NAR membership is needed for all agents and brokers that come from the large majority of MLSs in the United States. Such entities are most likely to acquire financially from increased entry into the brokerage industry. 220. See Hsieh & Moretti, supra note 139, at 1089 (" as long as the commission rate is fixed, the amount of time that realtors devote to prospecting and farming relative to in fact offering a house or discovering an appropriate house for a purchaser increases as the market becomes a growing number of competitive, that is, as more realtors are chasing the exact same variety of consumers").
Id. at 1089 (" the cost of discovering a customer increases with the variety of realtors in the market, without always generating extra benefits to the consumer"). 222. These information come from the "overall home offering expenditure" field in the Bureau of Labor Stats' yearly Customer Expense Survey from 1980-1990. This field also includes selling expenditures other than commissions, like closing costs and lawyers fees, so it is likely to overemphasize the real commission rate.
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Id. at 1082. 223. Id. at 1118. 224. Id. at 1116-17. 225. See Hsieh & Moretti, supra note 139, at 213 and accompanying text. Yun showed proof of entry as an outcome of the recent housing market boom, as well as proof that NAR membership has varied straight with real estate costs for a minimum of the previous twenty years.
226. According to REAL Trends data, the number of deal sides per representative decreased from 12. 7 in 2000 to 10. 2 in 2005. See http://www. remax-cahi. com/esource/marketingmaterials/ 2005realtrends500. pdf; and http://www. realtrends.com/past_newsletters. asp?article= newsletters/2005 _ 04_6. htm. 227. NAR, Public Remark 208, at 12. 228. Yun, Tr. at 225. See discussion in Hsieh & Moretti, supra note 139, at 1116 (approximating $1.
2 billion social waste resulting from excess entry in 1990). 229. See Hsieh, Tr. at 233 (" [T] he real puzzle in the property business is why does there seem to be this reasonably repaired commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I make sure lots of people today have actually pointed out, the puzzle is why the percentage commission has actually been so stubbornly relentless."); Hsieh & Moretti, supra note 139, at 1086 (" The obvious uniformity of commission rates provides a massive puzzle, especially if one believes that the expense and effort necessary to offer a home do not increase one to one with the rate of housing.
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230. ALA. CODE 34-27-36 (1975 ). 231. Click here for info ALASKA STAT. 08. 88.401 (Michie 2005). 232. KAN. STAT. ANN. 58-3062 (2006 ). 233. LA. REV. STAT. ANN. 37:1455 (West 2006 ). 234. MISS. CODE ANN. 73-35-21 (2006 ). 235. MO. REV. STAT. 339. 150( 2006). 236. N.J. STAT. ANN. 45:15 -3. 1 (West 2006). 237. N.D. CENT. 1( 2006). 238. OKLA. STAT. ANN. tit. 59, 858-312 (West 2006). 239. OR. REV. STAT. 696. 290( 2005). 240. IOWA CODE 543B.60 A( 2005 ). 241. Based on weighted typical prices of brand-new and existing houses in 2005($ 271,263), the buyer's broker's share of a $13,834 commission would be $6,917. A purchaser who is rebated half of this would receive $3,459.
242. See, e. g., California Retail Liquor Dealers Ass 'n v. Midcal Aluminum, Inc., 445 U.S. 97, 105 (1980) (entity declaring state action immunity from federal antitrust laws must demonstrate that its actions are (1) pursuant to a clearly articulated state policy purposefully displacing competition with an alternative regulatory scheme and (2) actively monitored by the state or a certified federal government agency or authorities).
2003), offered at http://www. ftc.gov/ os/2003/09/ stateactionreport. pdf (examining state action resistance teaching). 243. See, e. g., Hoover v. Ronwin, 466 U.S. 558, 568 (1984) (" Closer analysis is needed when the activity at problem is not directly that of the legislature or supreme court, however is carried out by others pursuant to state permissions."); Southern Motor Carriers Rate Conference v.