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A-00-CA-154JN, 2000 WL 34239114, at * westlake financial wiki 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 visited April 20, 2007); FSBO.com, http://www. fsbo.com (last gone to April 20, 2007); craigslist. org, http://sfbay.

com, http://www. homesbyowner.com (last visited April 20, 2007). See Thorburn, Tr - how to buy real estate with no money. how to get started in real estate. at 97-98 (noting the variety of tools readily 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 service model). 94. Henderson, Tr. at 154. 95. Id. at 155 - what does a real estate agent do. 96. This help can consist of: finding and scheduling assessment of residential or commercial properties by potential purchasers; supplying potential purchasers with info such as relative residential or commercial property worths and latest market price; assisting in the settlement process; and helping to schedule and prepare for closing of the deal.

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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 (noting that all traditional business "have a significant online presence"). 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 visited April 20, 2007); FSBO.com, http://www.

com, http://www. homesbyowner (how much does it cost to get a 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 gone to April 20, 2007). 111. See, e. g., Zillow. com, http://www. zillow.com (last visited 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 consumers now might investigate online not only homes for sale, but likewise the whole purchasing and offering process). 114. American Bankers Association, Public Comment 10, at 3 (comment). See likewise Perriello, Tr. at 149 (listing several functions of realty sites, consisting of property photos, virtual trips, rich text, mapping performance, and neighborhood info); Sambrotto, Tr.

You can publish color photos. You can post virtual trips. And you can have that information easily browsed and regularly browsed by buyers from their own houses 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 the majority of states, there exists a single licensing board. Further, NAR subscription is required for all agents and brokers that come from the huge majority of MLSs in the United States. Such entities are likely to gain economically from increased entry into the brokerage industry. 220. See Hsieh & Moretti, supra note 139, at 1089 (" as long as the commission rate is repaired, the amount of time that realtors devote to prospecting and farming relative to in fact offering a home or finding an appropriate house for a purchaser increases as the marketplace becomes more and more competitive, that is, as more realtors are chasing after the very same number of consumers").

Id. at 1089 (" the expense of discovering a customer increases with the variety of real estate agents in the market, without always producing extra advantages to the consumer"). 222. These data originate from the "total home selling expenditure" field in the Bureau of Labor Stats' yearly Customer Expenditure Survey from 1980-1990. This field likewise includes selling expenditures other than commissions, like closing costs and attorneys fees, so it is most 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 revealed evidence of entry as a result of the recent real estate market boom, along with proof that NAR membership has varied straight with housing rates for at least the previous 20 years.

226. According to REAL Trends information, 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 Remark 208, at 12. 228. Yun, Tr. at 225. See conversation in Hsieh & Moretti, supra note 139, at 1116 (estimating $1.

2 billion social waste resulting 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 fairly repaired commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I'm sure https://zenwriting.net/mothinw33w/where-to-discover-cash-buyers-the-essential-to-success-in-wholesale-real-estate many individuals today have pointed out, the puzzle is why the percentage commission has actually been so stubbornly persistent."); Hsieh & Moretti, supra note 139, at 1086 (" The evident uniformity of commission rates presents a huge puzzle, specifically if one thinks that the cost and effort needed to sell a home do not increase one to one with the price of housing.

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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 typical sales rate of brand-new and current houses in 2005($ 271,263), the buyer'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 Hop over to this website Retail Alcohol Dealers Ass 'n v. Midcal Aluminum, Inc., 445 U.S. 97, 105 (1980) (entity declaring state action resistance from federal antitrust laws must demonstrate that its actions are (1) pursuant to a clearly articulated state policy purposefully displacing competitors with an alternative regulative scheme and (2) actively supervised by the state or a certified federal government agency or authorities).

2003), available at http://www. ftc.gov/ os/2003/09/ stateactionreport. pdf (evaluating 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 problem is not straight that of the legislature or supreme court, but is performed by others pursuant to state authorizations."); Southern Motor Carriers Rate Conference v.