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 visited 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 is cam in real estate. how to generate leads in real estate. at 97-98 (keeping in mind the variety of tools offered 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 organization design). 94. Henderson, Tr. at 154. 95. Id. at 155 - what is emd in real estate. 96. This assistance can include: locating and scheduling assessment of properties by potential buyers; supplying potential purchasers with details such as relative home values and latest market price; assisting in the settlement procedure; and assisting to schedule and get ready for closing of the deal.
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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 existence"). 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 (what is noi in real estate).com (last visited 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 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 more info consumers now may research online not just houses for sale, however also the whole buying and selling process). 114. American Bankers Association, Public Comment 10, at 3 (remark). See also Perriello, Tr. at 149 (listing several functions of property websites, including property images, virtual tours, abundant text, mapping performance, and area details); Sambrotto, Tr.
You can post color images. You can post virtual trips. And you can have that details quickly browsed and often browsed by buyers from their resort cancellation services 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 a lot of states, there exists a single licensing board. Further, NAR subscription is required for all representatives and brokers that come from the large majority of MLSs in the United States. Such entities are likely to get 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 dedicate to prospecting and farming relative to actually selling a home or discovering a proper home for a purchaser increases as the marketplace ends up being increasingly more competitive, that is, as more real estate agents are chasing after the very same number of clients").
Id. at 1089 (" the expense of finding a customer increases with the variety of real estate agents in the market, without necessarily generating additional benefits to the customer"). 222. These data originate from the "total home offering cost" field in Click for more the Bureau of Labor Statistics' annual Customer Expenditure Study from 1980-1990. This field likewise includes selling expenditures other than commissions, like closing expenses and attorneys fees, 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 proof that NAR subscription has actually varied directly with housing rates for a minimum of the past twenty years.
226. According to REAL Trends information, the variety of deal sides per representative 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 Remark 208, at 12. 228. Yun, Tr. at 225. See discussion in Hsieh & Moretti, supra note 139, at 1116 (estimating $1.
2 billion social waste resulting from excess entry in 1990). 229. See Hsieh, Tr. at 233 (" [T] he real puzzle in the realty service is why does there seem to be this fairly fixed commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I make sure many individuals today have explained, the puzzle is why the portion commission has been so stubbornly relentless."); Hsieh & Moretti, supra note 139, at 1086 (" The evident uniformity of commission rates provides a huge puzzle, particularly if one thinks that the expense and effort essential to offer a home do not increase one to one with the cost of housing.
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230. ALA. CODE 34-27-36 (1975 ). 231. ALASKA STAT. 08. 88.401 (Michie 2005). 232. KAN. STAT. ANN. 58-3062 (2006 ). 233. LA. REV. STAT. ANN. 37:1455 (West 2006 ). 234. MISS. CODE ANN. 73-35-21 (2006 ). 235. MO. REV. STAT. 339. 150( 2006). 236. N.J. STAT. ANN. 45:15 -3. 1 (West 2006). 237. N.D. CENT. 1( 2006). 238. OKLA. STAT. ANN. tit. 59, 858-312 (West 2006). 239. OR. REV. STAT. 696. 290( 2005). 240. IOWA CODE 543B.60 A( 2005 ). 241. Based on weighted typical prices of brand-new and current homes in 2005($ 271,263), the buyer'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 Alcohol Dealers Ass 'n v. Midcal Aluminum, Inc., 445 U.S. 97, 105 (1980) (entity claiming state action immunity from federal antitrust laws should show that its actions are (1) pursuant to a plainly articulated state policy intentionally displacing competition with an alternative regulative plan and (2) actively monitored by the state or a competent government firm or authorities).
2003), readily available at http://www. ftc.gov/ os/2003/09/ stateactionreport. pdf (examining state action resistance teaching). 243. See, e. g., Hoover v. Ronwin, 466 U.S. 558, 568 (1984) (" Closer analysis is required when the activity at problem is not directly that of the legislature or supreme court, but is carried out by others pursuant to state authorizations."); Southern Motor Carriers Rate Conference v.