278. See HUD REPORT, supra note 201. 279. One panelist who is a fee-for-service broker explains this as his "flat-fee plus" choice, where, in addition to listing the home in the MLS and placing it on several sites, he offers the seller help once the buyer is discovered. In addition to the flat cost 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 (describing the alternative). 280. In an address at the beginning of the Workshop, (then Performing) Assistant Lawyer General Thomas Barnett observed that minimum-service laws and policies can be considered as no different from states passing a policy that states: "When I stroll into McDonald's and purchase a hamburger, I'm told that I likewise need to buy some french fries, due to the fact that the state has decided that it might be deceptive or misleading or bad if I just got the hamburger, spent for it and didn't understand I wasn't going to get the french fries." Barnett, Tr.
Likewise, at a recent Congressional hearing on competitors in the realty brokerage market, Agent Baker analogized minimum-service laws and regulations to requiring a customer to have his/her entire house painted when she or he only desired the porch painted. See Hearing, supra note 1, at 30 (statement of Rep.
Baker, member House 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 "representatives out there that deal little or no value to the transaction."). 282. See Lewis, Tr. at 179 (" While some customers may be advanced adequate to represent themselves in some or all of the steps of a deal, the majority of are not.").
22, 2005, readily available at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (quoting Texas Association of Realtors claiming that minimum-service guidelines would avoid consumer confusion); Peter G. Baker, Working With a Broker: Should You Anticipate Less?, REAL ESTATE TIMES, Apr. 11, 2006, available at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Government firms] argue that with disclosures and waivers consumers must be able to refuse any brokerage service or responsibility.
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We do not, for instance, permit consumers to conserve money by working with medical professionals who cut expenses by not sanitizing surgical instruments or cleaning their hands."). 283. See Darryl W. Anderson, Minimum-Service Requirements in Realty 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 promote cost settlements before entering a representation agreement 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 response to an FTC survey, respondents from Colorado, North Dakota, Vermont, and Washington kept in mind that complaints against minimal service brokers were very little or nonexistent. The survey is readily available at http://www.
htm. 288. Our evaluation of fee-for-service broker websites reveals that consumers appear to have ready access to prices that fee-for-service brokers charge for additional services beyond the MLS-only choice in advance of getting in into a contractual relationship. This finding undermines a required condition for the hold-up theory to be possible that consumers only learn the prices for additional services after they have actually participated in a special listing agreement.
Ohlhausen, Minimum-Service Requirements in Property Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (discussing numerous theoretical and empirical reasons the hold-up theory does not appear to use to fee-for-service brokerage). 289. See Farmer, Tr - how to get started in real estate. 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 select their service models as well as the company of those services, whether they be limited service or full-service"). 291. Sambrotto, Tr. what does under contract mean in 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), offered 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 Company Reform: Meeting the Requirements of Buyers, Sellers, and Brokers, 25 REALTY L.J. 345, 350 (1997) (noting that agency relationships can be produced by actions).
Whatley, Tr. at 48. 299. Avoiding fee-for-service listings without disclosure to purchasers, however, may raise concerns concerning the satisfaction of fiduciary duties. 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, 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 permission will not develop or indicate an agency relationship in between that licensee and the client of that special broker."). 303. VA CODE 54. 1-2132( C) (reliable July 1, 2007) (" A licensee engaged by a seller in a genuine estate transaction may, unless forbidden by law or the brokerage relationship, supply support to a buyer or winterfield funding timeshare possible purchaser 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. Helpful resources 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 https://manueledtb.bloggersdelight.dk/2022/02/26/3-easy-facts-about-what-does-contingent-mean-real-estate-shown/ economically effective and competitors from other listing services is doing not have, guidelines which invite the unjustified exemption of any broker ought to be discovered 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 conversation of the different personal litigation involving alleged MLS-related restraints is beyond the scope of this Report.
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For a conversation of special agency contracts and other types of listing 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; Information and Realty 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 Genuine Estate Providers, LLC, FTC File No (how long to get real estate license). 061-0087, at 6 (2006) (analysis to help public remark), available at http://www.
pdf. 314. See, e. g., Austin Bd. of Realtors, FTC Dkt. No. C-4167, at 17 (2006) (complaint), 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 Realty Brokers of Rockland, Ltd., Dkt.