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278. See HUD REPORT, supra note 201. 279. One panelist who is a fee-for-service broker describes this as his "flat-fee plus" alternative, where, in addition to listing the house in the MLS and positioning it on numerous sites, he provides the seller assistance once the buyer is discovered. In addition to the flat cost rate 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 option). 280. In an address at the start of the Workshop, (then Performing) Assistant Lawyer General Thomas Barnett observed that minimum-service laws and guidelines can be considered as no various from states passing a regulation that says: "When I walk into McDonald's and purchase a hamburger, I'm informed that I likewise have to purchase some french fries, because the state has decided that it might be deceptive or misleading or bad if I just got the hamburger, paid for it and didn't understand I wasn't going to http://beauywue107.almoheet-travel.com/the-best-strategy-to-use-for-how-to-become-a-real-estate-agent-in-california get the french fries." Barnett, Tr.

Similarly, at a recent Congressional hearing on competitors in the real estate brokerage industry, Representative Baker analogized minimum-service laws and regulations to needing a consumer to have his/her entire home painted when she or he only wanted the porch painted. See Hearing, supra note 1, at 30 (declaration of Rep.

Baker, member Home Comm. on Financial Providers), 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 against standard "agents out there that offer little or no value to the deal."). 282. See Lewis, Tr. at 179 (" While some customers might be sophisticated adequate to represent themselves in some or all of the steps of a deal, many are not.").

22, 2005, available at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (estimating Texas Association of Realtors declaring that minimum-service rules would avoid consumer confusion); Peter G. Baker, Hiring a Broker: Should You Expect Less?, REAL ESTATE TIMES, Apr. 11, 2006, offered at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Federal government firms] argue that with disclosures and waivers customers should have the ability to refuse any brokerage service or responsibility.

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We do not, for example, enable consumers to conserve money by working with physicians who cut costs by not sterilizing surgical time share calculator instruments or washing their hands."). 283. See Darryl W. Anderson, Minimum-Service Requirements in Property 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 rate negotiations prior to going into a representation agreement 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 response to an FTC questionnaire, respondents from Colorado, North Dakota, Vermont, and Washington noted that problems 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 websites exposes that customers appear to have prepared access to rates that fee-for-service brokers charge for additional services beyond the MLS-only option in advance of getting in into a legal relationship. This finding weakens a necessary condition for the hold-up theory to be possible that customers only find out the rates for extra services after they have actually participated in an unique listing contract.

Ohlhausen, Minimum-Service Requirements in Real Estate Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (discussing various theoretical and empirical factors why the hold-up theory does not appear to Great post to read apply to fee-for-service brokerage). 289. See Farmer, Tr – what are cc&rs in real estate. 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 choose their service designs as well as the supplier of those services, whether they be limited service or full-service"). 291. Sambrotto, Tr. how to invest in commercial real estate. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CONSUMER FEDERATION OF AMERICA, HOW THE REALTY 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: Satisfying the Needs of Buyers, Sellers, and Brokers, 25 REAL ESTATE L.J. 345, 350 (1997) (keeping in mind that company relationships can be developed by actions).

Whatley, Tr. at 48. 299. Avoiding fee-for-service listings without disclosure to buyers, however, may raise issues worrying the satisfaction of fiduciary duties. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Real Estate Associations Stand On MLS-Entry-Only Listings, REAL ESTATE TIMES, Feb. 24, 2005, readily available at http://realtytimes. com/rtapages/20050224 _ mlsentryonly. htm. 302. OHIO CODE 4735.

18 of the Modified Code and negotiations performed by a licensee pursuant to the authorization will not develop or indicate a firm 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 genuine estate deal may, unless forbidden by law or the brokerage relationship, provide help to a buyer or possible buyer 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. Real Estate Multi-List, 629 F. 2d 1351, 1374 (5th Cir. 1980) (" [W] hen broker involvement in the [MLS] is high, the service itself is economically successful and competitors from other listing services is lacking, guidelines which welcome the unjustified exclusion of any broker should 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 discussion of the different personal lawsuits involving declared MLS-related restraints is beyond the scope of this Report.

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For a conversation of unique company agreements and other types of listing 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 Real Estate Providers, LLC, FTC 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., Info and Genuine Estate Providers, LLC, FTC File No (how to get a real estate license in ohio). 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) (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) (choice and order), available at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Property Brokers of Rockland, Ltd., Dkt.