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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 websites consist of: ForSaleByOwner. com, http://www. forsalebyowner.com (last checked out April 20, 2007); FSBO.com, http://www. fsbo.com (last visited April 20, 2007); craigslist. org, http://sfbay.

com, http://www. homesbyowner.com (last checked out April 20, 2007). See Thorburn, Tr – what is an encumbrance in real estate. how to become a real estate appraiser. 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 company model). 94. Henderson, Tr. at 154. 95. Id. at 155 – what is a cma in real estate. 96. This assistance can consist of: locating and organizing for evaluation of homes by potential purchasers; providing potential purchasers with information such as relative home worths and latest market price; helping in the negotiation procedure; and helping to schedule and prepare for closing of the transaction.

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Henderson, Tr. at 156-57. 98. NAR 2006 STUDY, supra note 4, at 77. 99. 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 (keeping in mind that all traditional business "have a considerable online existence"). 103. NAR 2006 STUDY, 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 (how long does it take to get your real estate license).com (last visited April 20, 2007). 109. See, e. g., JustRealEstate. org, http://www. justrealestate.org (last checked out April 20, 2007). 110. See, e. g., Mortgage101. com, http://www. mortgage101.com (last visited 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 (noting that customers now may look into online not only homes for sale, however also the whole buying and offering process). 114. American Bankers Association, Public Remark 10, at 3 (remark). See likewise Perriello, Tr. at 149 (listing several functions of property sites, including residential or commercial property http://andrepydi234.cavandoragh.org/a-biased-view-of-how-to-get-a-real-estate-license photos, virtual trips, rich text, mapping performance, and neighborhood information); Sambrotto, Tr.

You can publish color photos. You can publish virtual trips. And you can have that details easily searched and regularly browsed by buyers from wfg virginia 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. Even more, NAR subscription is required for all representatives and brokers that belong to the vast majority of MLSs in the United States. Such entities are most likely to get economically from increased entry into the brokerage market. 220. See Hsieh & Moretti, supra note 139, at 1089 (" as long as the commission rate is repaired, the amount of time that real estate agents dedicate to prospecting and farming relative to actually selling a home or finding a suitable home for a purchaser increases as the marketplace ends up being more and more competitive, that is, as more real estate agents are chasing the same number of consumers").

Id. at 1089 (" the expense of finding a client increases with the variety of real estate agents in the market, without necessarily producing fringe benefits to the customer"). 222. These data come from the "overall home selling expenditure" field in the Bureau of Labor Stats' annual Customer Expense Study from 1980-1990. This field likewise consists of selling costs other than commissions, like closing costs and lawyers costs, so it is likely to overstate the actual 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 evidence of entry as a result of the recent real estate market boom, as well as evidence that NAR membership has actually varied straight with housing prices for at least the past 20 years.

226. According to REAL Trends data, the number of deal sides per representative declined 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 Comment 208, at 12. 228. Yun, Tr. at 225. See discussion in Hsieh & Moretti, supra note 139, at 1116 (approximating $1.

2 billion social waste arising from excess entry in 1990). 229. See Hsieh, Tr. at 233 (" [T] he real puzzle in the genuine estate service is why does there seem to be this reasonably repaired commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I make certain many individuals today have actually pointed out, the puzzle is why the portion commission has been so stubbornly relentless."); Hsieh & Moretti, supra note 139, at 1086 (" The obvious harmony of commission rates provides an enormous puzzle, especially if one thinks that the expense and effort essential to sell a house do not increase one to one with the price of real estate.

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230. ALA. CODE 34-27-36 (1975 ). 231. 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 upon weighted average prices of new and existing houses in 2005($ 271,263), the buyer's broker's share of a $13,834 commission would be $6,917. A buyer who is rebated half of this would get $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 resistance from federal antitrust laws must show that its actions are (1) pursuant to a clearly articulated state policy deliberately displacing competitors with an alternative regulative scheme and (2) actively supervised by the state or a competent federal government company or authorities).

2003), available at http://www. ftc.gov/ os/2003/09/ stateactionreport. pdf (examining state action immunity teaching). 243. See, e. g., Hoover v. Ronwin, 466 U.S. 558, 568 (1984) (" Closer analysis is required when the activity at concern is not straight that of the legislature or supreme court, but is carried out by others pursuant to state authorizations."); Southern Motor Carriers Rate Conference v.