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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 noting the home in the MLS and placing it on numerous sites, he provides the seller assistance once the purchaser is discovered. In addition to the flat fee rate 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 option). 280. In an address at the start of the Workshop, (then Acting) Assistant Chief Law Officer Thomas Barnett observed that minimum-service laws and guidelines can be deemed no different from states passing a policy that says: "When I walk into McDonald's and order a hamburger, I'm informed that I also have to buy some french fries, due to the fact that the state has actually chosen that it may be deceptive or deceptive or bad if I just got the hamburger, spent for it and didn't recognize I wasn't going to get the french fries." Barnett, Tr.

Likewise, at a current Congressional hearing click here on competitors in the realty brokerage market, Agent Baker analogized minimum-service laws and policies to needing a customer to have his or her whole home painted when she or he just desired the porch painted. See Hearing, supra note 1, at 30 (statement of Rep.

Baker, member House Comm. on Financial Services), 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 (keeping in mind that he completes versus traditional "representatives out there that offer little or no value to the transaction."). 282. See Lewis, Tr. at 179 (" While some customers may be advanced sufficient to represent themselves in some or all of the steps of a transaction, the majority of are not.").

22, 2005, readily available at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (pricing quote Texas Association of Realtors claiming that minimum-service rules would avoid customer confusion); Peter G. Baker, Working With a Broker: Should You Anticipate Less?, REALTY TIMES, Apr. 11, 2006, offered at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Government firms] argue that with disclosures and waivers customers need to have the ability to refuse timeshare companies reviews any brokerage service or responsibility.

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We do not, for instance, permit consumers to save cash by hiring physicians who cut expenses by not disinfecting surgical instruments or washing their hands."). 283. See Darryl W. Anderson, Minimum-Service Requirements in Real Estate Brokerage: A Response to Maureen K. Ohlhausen, ANTITRUST SOURCE, Jan. 2006, at 3-4 (arguing that minimum-service requirements are procompetitive since they foster price negotiations prior to going into 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 questionnaire, respondents from Colorado, North Dakota, Vermont, and Washington kept in mind that grievances 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 reveals that customers appear to have all set access to prices that fee-for-service brokers charge for extra services beyond the MLS-only alternative in advance of entering into a contractual relationship. This finding weakens an essential condition for the hold-up theory to be plausible that customers just learn the rates for extra services after they have actually entered into an exclusive listing contract.

Ohlhausen, Minimum-Service Requirements in Realty Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (discussing numerous theoretical and empirical reasons why the hold-up theory does not appear to use to fee-for-service brokerage). 289. See Farmer, Tr - how to become a real estate broker in california. at 71-72. 290. Kunz, Tr. at 82-83. See likewise Perriello, Tr. at 152 (speaking for Cendant, and mentioning that "we think that consumers.

need to have the ability to choose their service models along with the provider of those services, whether they be limited service or full-service"). 291. Sambrotto, Tr. how to get real estate license in ga. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CONSUMER FEDERATION OF AMERICA, HOW THE PROPERTY CARTEL HURTS 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., Property Firm Reform: Satisfying the Needs of Purchasers, Sellers, and Brokers, 25 REALTY L.J. 345, 350 (1997) (keeping in mind that company relationships can be produced by actions).

Whatley, Tr. at 48. 299. Preventing wesleyan financial fee-for-service listings without disclosure to buyers, nevertheless, might raise concerns concerning the satisfaction of fiduciary responsibilities. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Property Associations Base On MLS-Entry-Only Listings, REAL ESTATE TIMES, Feb. 24, 2005, offered at http://realtytimes. com/rtapages/20050224 _ mlsentryonly. htm. 302. OHIO CODE 4735.

18 of the Modified Code and negotiations carried out by a licensee pursuant to the authorization will not create or imply a firm relationship between that licensee and the client of that special broker."). 303. VA CODE 54. 1-2132( C) (effective July 1, 2007) (" A licensee engaged by a seller in a property transaction may, unless forbidden by law or the brokerage relationship, provide assistance to a purchaser or possible buyer 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. 2004). 307. Id. at 879. 308. United States v. Realty Multi-List, 629 F. 2d 1351, 1374 (5th Cir. 1980) (" [W] hen broker involvement in the [MLS] is high, the service itself is economically effective and competitors from other listing services is doing not have, guidelines which welcome the unjustified exemption of any broker should 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 various personal litigation including declared MLS-related restraints is beyond the scope of this Report.

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For a conversation of exclusive agency agreements 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 Services, 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., Information and Property Solutions, LLC, FTC File No (what is cam in real estate). 061-0087, at 6 (2006) (analysis to assist public remark), readily 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) (decision and order), available at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Realty Brokers of Rockland, Ltd., Dkt.