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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 gone to April 20, 2007); FSBO.com, http://www. fsbo.com (last visited April 20, 2007); craigslist. org, http://sfbay.

com, http://www. homesbyowner.com (last gone to April 20, 2007). See Thorburn, Tr - how to become a real estate broker in california. how to get a real estate license in ca. at 97-98 (noting the variety of tools offered 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 organization model). 94. Henderson, Tr. at 154. 95. Id. at 155 - what is a real estate novelist. 96. This assistance can consist of: finding and arranging for evaluation of homes by prospective purchasers; offering potential purchasers with info such as relative property values and most recent selling prices; assisting in the negotiation process; and helping to schedule and get ready 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 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 conventional companies "have a substantial 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 checked out April 20, 2007); FSBO.com, http://www.

com, http://www. homesbyowner (how much do real estate agents make a year).com (last checked out April 20, 2007). 109. See, e. g., JustRealEstate. org, http://www. justrealestate.org (last gone to 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 Remark 311, at 1.

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Perriello, Tr. at 149. See likewise Whatley, Tr. at 160-61 (noting that customers now may research online not just homes for sale, however likewise the whole purchasing and offering process). 114. American Bankers Association, Public Comment 10, at 3 (remark). See also Perriello, Tr. at 149 (listing several features of genuine estate sites, including property photos, virtual tours, rich text, mapping functionality, and neighborhood info); Sambrotto, Tr.

You can publish color photos. You can publish virtual trips. And you can have that info quickly searched and often browsed by buyers from their own houses on the [I] nternet."). 115. DelBianco, Tr. at 185. 116. NAR 2005 STUDY, supra https://60e603377a436.site123.me/#section-6246fe019aa4b note 38, at 29. 117. NAR 2006 STUDY, supra note 4, at 37. In the majority of states, there exists a single licensing board. Further, NAR subscription is needed for all representatives and brokers that belong to the large majority of MLSs in the United States. Such entities are most likely to gain financially 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 quantity of time that realtors dedicate to prospecting and farming relative to actually selling a home or finding an appropriate home for a purchaser increases as the market becomes more and more competitive, that is, as more real estate agents are chasing the very same number of consumers").

Id. at 1089 (" the expense of finding a consumer increases with the number of realtors in the market, without always producing fringe benefits to the customer"). 222. These information originate from the "total home offering expense" field in the Bureau of Labor Data' annual Customer Expenditure Survey from 1980-1990. This field likewise consists of selling expenses other than commissions, like closing costs and lawyers charges, so it is most likely to overemphasize 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 current real estate market boom, along with evidence that NAR membership has varied straight with housing prices for at least the past twenty years.

226. According to REAL Trends information, the variety of deal sides per agent decreased 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 (estimating $1.

2 billion social waste resulting from excess entry in 1990). 229. See Hsieh, Tr. at 233 (" [T] he real puzzle in the realty business is why does there seem to be this reasonably repaired commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I make sure many individuals today have mentioned, the puzzle is why the percentage commission has been so stubbornly relentless."); Hsieh & Moretti, supra note 139, at 1086 (" The evident uniformity of commission rates presents a huge puzzle, especially if one believes that the cost and effort essential to offer 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 on weighted typical sales price of new and existing houses in 2005($ 271,263), the purchaser's broker's share of a $13,834 commission would be $6,917. A buyer who is rebated half of this would receive $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 resistance from federal antitrust laws must demonstrate that its actions are (1) pursuant to a plainly articulated state policy intentionally displacing competitors with an alternative regulatory plan and (2) actively monitored by the state or a certified federal government firm or authorities).

2003), readily available at http://www. ftc.gov/ os/2003/09/ stateactionreport. pdf (examining state action immunity doctrine). 243. See, default on timeshare 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 carried out by others pursuant to state permissions."); Southern Motor Carriers Rate Conference v.