278. See HUD REPORT, supra note 201. 279. One panelist who is a fee-for-service broker explains this as his "flat-fee plus" choice, where, in addition to listing the house in the MLS and putting it on a number of websites, he supplies the seller assistance once the purchaser is discovered. In addition to the flat cost cost of $495 paid sometimes of listing, the "flat-fee plus" alternative needs the seller likewise to pay $1,500 at closing.

at 68 (describing the option). 280. In an address at the start of the Workshop, (then Performing) Assistant Attorney General Thomas Barnett observed that minimum-service laws and regulations can be seen as no different from states passing a regulation that says: "When I stroll into McDonald's and buy a hamburger, I'm informed that I likewise have to purchase some french fries, since the state has actually chosen that it might be deceptive or misleading or bad if I only got the hamburger, spent for it and didn't realize I wasn't going to get the french fries." Barnett, Tr.

Likewise, at a recent Congressional hearing on competition in the property brokerage market, Representative Baker analogized minimum-service laws and regulations to needing a consumer to have his/her entire house painted when he or she just wanted the porch painted. See Hearing, supra note 1, at 30 (statement of Rep.

Baker, member House Comm. on Financial Solutions), 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 competes versus standard "agents out there that deal little or no value to the transaction."). 282. See Lewis, Tr. at 179 (" While some customers might be sophisticated adequate to represent themselves in some or all of the steps of a deal, a lot of are not.").

22, 2005, readily available at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (pricing estimate Texas Association of Realtors claiming that minimum-service guidelines would avoid customer confusion); Peter G. Baker, Hiring 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 be able to decline any brokerage service or obligation.

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We do not, for instance, enable consumers to conserve money by working with doctors who cut costs by not decontaminating surgical instruments or washing their hands."). 283. See Darryl W. Anderson, Minimum-Service Requirements in Realty Brokerage: A Response to Maureen K. Ohlhausen, ANTITRUST SOURCE, Jan. 2006, at 3-4 (arguing that minimum-service requirements are procompetitive because they cultivate cost settlements prior to getting in a representation arrangement 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 minimal service brokers were very little or nonexistent. The questionnaire is available at http://www.

htm. 288. Our evaluation of fee-for-service broker sites reveals that consumers appear to have ready access to rates that fee-for-service brokers charge for additional services beyond the MLS-only alternative in advance of participating in a legal relationship. This finding weakens a required condition for the hold-up theory to be possible that customers just learn the prices for extra services after they have actually participated in an exclusive listing agreement.

Ohlhausen, Minimum-Service Requirements in Property Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (talking about 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 become a real estate agent in ga. at 71-72. 290. Kunz, Tr. at 82-83. See also Perriello, Tr. at 152 (speaking for Cendant, and stating that "our company believe that customers.

need to be able to pick their service designs walking away from timeshare maintenance fees along with the company of those services, whether they be limited service or full-service"). 291. Sambrotto, Tr. how to choose a real estate agent for selling. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CONSUMER FEDERATION OF AMERICA, HOW wesley timeshare exit THE PROPERTY CARTEL DAMAGES 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 Agency Reform: Satisfying the Needs of Buyers, Sellers, and Brokers, 25 REALTY L.J. 345, 350 (1997) (keeping in mind that company relationships can be created by actions).

Whatley, Tr. at 48. 299. Avoiding fee-for-service listings without disclosure to purchasers, however, might raise problems concerning the fulfillment of fiduciary tasks. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Real Estate Associations Stand On MLS-Entry-Only Listings, REALTY TIMES, Feb. 24, 2005, available at http://realtytimes. com/rtapages/20050224 _ mlsentryonly. htm. 302. OHIO CODE 4735.

18 of the Modified Code and settlements carried out by a licensee pursuant to the authorization shall not develop or indicate a company relationship in between that licensee and the client of that exclusive broker."). 303. VA CODE 54. 1-2132( C) (efficient July 1, 2007) (" A licensee engaged by a seller in a property deal may, unless restricted by law or the brokerage relationship, supply help to a purchaser or prospective buyer by carrying out ministerial acts.

304. WIS. CODE 452. 133 Click for source (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 successful and competition from other listing services is doing not have, rules which invite the unjustified exemption of any broker ought to 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 discussion of the various private lawsuits involving declared MLS-related restraints is beyond the scope of this Report.

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For a conversation of exclusive company agreements and other kinds of noting contracts, see supra Chapter I.A. 2. 310. See Farmer, Tr. at 74-75; Sambrotto, Tr. at 90. 311. NAR 2005 STUDY, supra note 38, at 29-30. 312. Austin Bd. of Realtors, FTC Dkt. No. C-4167; Information and Realty Solutions, 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., Info and Realty Services, LLC, FTC File No (how long does it take to get your real estate license). 061-0087, at 6 (2006) (analysis to aid public comment), offered at http://www.

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