278. See HUD REPORT, supra note 201. 279. One panelist who is a fee-for-service broker explains this as his "flat-fee plus" alternative, where, in addition to noting the home in the MLS and positioning it on several websites, he provides the seller support once the purchaser is found. In addition to the flat cost cost of $495 paid at time of listing, the "flat-fee plus" alternative requires the seller likewise to pay $1,500 at closing.

at 68 (explaining the alternative). 280. In an address at the beginning of the Workshop, (then Performing) Assistant Chief Law Officer Thomas Barnett observed that minimum-service laws and regulations can be considered as no different from states passing a policy that states: "When I stroll into McDonald's and buy a hamburger, I'm informed that I also have to purchase some french fries, since the state has decided that it may be misleading 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 competition in the real estate brokerage market, Representative Baker analogized minimum-service laws and guidelines to requiring a consumer to have his or her entire house painted when he or she only wanted the porch painted. See Hearing, supra note 1, at 30 (statement 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 completes against conventional "agents out there that deal little or no value to the transaction."). 282. See Lewis, Tr. at 179 (" While some consumers might be advanced enough to represent themselves in some or all of the steps of a deal, a lot of are not.").

22, 2005, offered at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (pricing quote Texas Association of Realtors claiming that minimum-service guidelines would avoid consumer confusion); Peter G. Baker, Employing a Broker: Should You Anticipate Less?, REAL ESTATE TIMES, Apr. 11, 2006, offered 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 obligation.

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We do not, for example, enable customers to conserve cash by working with medical professionals who cut costs by not sterilizing surgical instruments or cleaning 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 since they cultivate price negotiations before entering 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 action 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 questionnaire is legally get rid of timeshare available at http://www.

htm. 288. Our evaluation of fee-for-service broker sites exposes that consumers appear to have prepared access to costs that fee-for-service brokers charge for additional services beyond the MLS-only option in advance of getting in into a contractual relationship. This finding weakens a needed condition for the hold-up theory to be possible that customers just learn the rates for extra services after they Look at this website have actually entered into a special listing agreement.

Ohlhausen, Minimum-Service Requirements in Real Estate Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (going over various theoretical and empirical reasons the hold-up theory does not appear to apply to fee-for-service brokerage). 289. See Farmer, Tr - how to make money 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 believe that consumers.

should be able to select their service designs along with the provider of those services, whether they be limited service or full-service"). 291. Sambrotto, Tr. how to invest in real estate with little money. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CUSTOMER FEDERATION OF AMERICA, HOW THE PROPERTY CARTEL DAMAGES CONSUMERS AND HOW CONSUMERS CAN PROTECT THEMSELVES (June 2006), 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 Company Reform: Meeting the Requirements of Purchasers, Sellers, and Brokers, 25 REALTY L.J. 345, 350 (1997) (keeping in mind that agency relationships can be developed by actions).

Whatley, Tr. at 48. 299. Preventing fee-for-service listings without disclosure to purchasers, nevertheless, might raise problems concerning the fulfillment of fiduciary responsibilities. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Realty Associations Stand On MLS-Entry-Only Listings, REAL ESTATE http://edwinwbzg407.huicopper.com/the-basic-principles-of-how-to-get-a-real-estate-license-in-california TIMES, Feb. 24, 2005, readily available at http://realtytimes. com/rtapages/20050224 _ mlsentryonly. htm. 302. OHIO CODE 4735.

18 of the Revised Code and negotiations carried out by a licensee pursuant to the permission will not develop or imply an agency relationship between that licensee and the customer of that special broker."). 303. VA CODE 54. 1-2132( C) (efficient July 1, 2007) (" A licensee engaged by a seller in a property deal may, unless forbidden by law or the brokerage relationship, provide help to a buyer or potential purchaser 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 participation in the [MLS] is high, the service itself is financially effective and competitors from other listing services is lacking, rules which invite the unjustified exclusion of any broker must 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 conversation of the different private lawsuits involving declared MLS-related restraints is beyond the scope of this Report.

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For a discussion of special agency contracts and other types of noting 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; Info and Property Solutions, 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., Details and Property Providers, LLC, FTC File No (what are the requirements to be a real estate appraiser). 061-0087, at 6 (2006) (analysis to assist public remark), available at http://www.

pdf. 314. See, e. g., Austin Bd. of Realtors, FTC Dkt. No. C-4167, at 17 (2006) (problem), 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), offered at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Realty Brokers of Rockland, Ltd., Dkt.