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 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 can i do with a real estate license. how much do real estate agents make a year. at 97-98 (noting the range of tools available to FSBOs). See likewise 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 business design). 94. Henderson, Tr. at 154. 95. Id. at 155 - how to become a real estate agent in pa. 96. This assistance can include: locating and arranging for examination of homes by prospective purchasers; supplying prospective purchasers with info such as relative property values and latest selling prices; assisting in the negotiation procedure; and assisting to schedule and prepare for closing of the transaction.

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Henderson, Tr. at 156-57. 98. NAR 2006 SURVEY, supra note 4, at 77. 99. Id. at 80, 68. 100. NAR 2005 SURVEY, 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 companies "have a considerable 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 visited April 20, 2007); FSBO.com, http://www.

com, http://www. homesbyowner (what is noi in real estate).com (last visited 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 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 likewise Whatley, Tr. at 160-61 (noting that customers now might look into online not just houses for sale, however also the entire purchasing and selling procedure). 114. American Bankers Association, Public Comment 10, at 3 (remark). See likewise Perriello, Tr. at 149 (listing several functions of realty sites, including property photos, virtual trips, rich text, mapping functionality, and area details); Sambrotto, Tr.

You can publish color images. You can publish virtual donating my timeshare trips. And you can have that details easily browsed and regularly browsed by buyers 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 STUDY, supra note 4, at 37. In the majority of states, there exists a single licensing board. Even more, NAR subscription is required for all agents and brokers that belong to the huge bulk of MLSs in the United States. Such entities are most likely to get financially from increased entry into the brokerage industry. 220. See Hsieh how to succeed in timeshare sales & Moretti, supra note 139, at 1089 (" as long as the commission rate is fixed, the quantity of time that real estate agents commit to prospecting and farming relative to actually offering a house or discovering a proper house for a buyer increases as the market ends up being a growing number of competitive, that is, as more real estate agents are chasing after the very same number of clients").

Id. at 1089 (" the expense of discovering a consumer increases with the number of realtors in the market, without necessarily producing extra advantages to the consumer"). 222. These data come from the "overall house offering expenditure" field in the Bureau of Labor Statistics' annual Customer Expense Study from 1980-1990. This field likewise consists of selling costs aside from commissions, like closing expenses and attorneys charges, so it is most 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 real estate market boom, as well as proof that NAR membership has differed directly with real estate prices for a minimum of the previous 20 years.

226. According to REAL Trends information, the variety of transaction 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 resulting from excess entry in 1990). 229. See Hsieh, Tr. at 233 (" [T] he real puzzle in donate my timeshare reviews the realty service is why does there seem to be this relatively repaired commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I make sure lots of people today have explained, the puzzle is why the percentage commission has been so stubbornly relentless."); Hsieh & Moretti, supra note 139, at 1086 (" The apparent uniformity of commission rates presents an enormous puzzle, particularly if one thinks that the expense and effort required to sell a house do not increase one to one with the cost 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 on weighted average prices of brand-new and existing homes in 2005($ 271,263), the purchaser's broker's share of a $13,834 commission would be $6,917. A purchaser 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 claiming state action immunity from federal antitrust laws should demonstrate that its actions are (1) pursuant to a plainly articulated state policy deliberately displacing competition with an alternative regulative plan and (2) actively supervised by the state or a competent government company or official).

2003), readily available at http://www. ftc.gov/ os/2003/09/ stateactionreport. pdf (analyzing state action immunity doctrine). 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, however is brought out by others pursuant to state permissions."); Southern Motor Carriers Rate Conference v.