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 gone to April 20, 2007); craigslist. org, http://sfbay.
com, http://www. homesbyowner.com (last visited April 20, 2007). See Thorburn, Tr - what is redlining in real estate. how to make money in real estate with no money. at 97-98 (keeping in mind 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 design). 94. Henderson, Tr. at 154. 95. Id. at 155 - what are cc&rs in real estate. 96. This assistance can include: locating and setting up for assessment of properties by prospective purchasers; supplying potential buyers with information such as relative property values and latest selling prices; assisting in the settlement 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 SURVEY, 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 (keeping in mind that all conventional business "have a considerable 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. Discover more 108. E.g., ForSaleByOwner. com, http://www. forsalebyowner.com (last checked out April 20, 2007); FSBO.com, http://www.
com, http://www. homesbyowner (what are cc&rs in real estate).com (last gone to 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 visited April 20, 2007). 111. See, e. g., Zillow. com, http://www. zillow.com (last gone to April 20, 2007). 112. Shortt, Public Remark 311, at 1.
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Perriello, Tr. at 149. See also Whatley, Tr. at 160-61 (noting that customers now might look into online not only houses for sale, however also the whole buying and offering process). 114. American Bankers Association, Public Comment 10, at 3 (remark). See likewise Perriello, Tr. at 149 (listing numerous functions of realty sites, including property images, virtual trips, rich text, mapping performance, and community details); Sambrotto, Tr.
You can publish color pictures. You can publish virtual tours. And you can have that details easily searched and regularly browsed by buyers from their own homes on the [I] nternet."). 115. DelBianco, Tr. at 185. 116. NAR 2005 SURVEY, supra note 38, at 29. 117. NAR 2006 STUDY, supra note 4, at 37. In a lot of states, there exists a single licensing board. Further, NAR membership is needed for all representatives and brokers that belong to the large bulk of MLSs in the United States. Such entities are most likely to acquire economically from increased entry into the brokerage market. 220. See Hsieh & Moretti, supra note 139, at 1089 (" as long as the commission rate is fixed, the quantity of time that real estate agents commit to prospecting and farming relative to in fact offering a house or discovering a proper home 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 clients").
Id. at 1089 (" the expense of finding a customer increases with the variety of realtors in the market, without always generating fringe benefits to the consumer"). 222. These data originate from the "total house offering expense" field in the Bureau of Labor Stats' annual Customer Expense Study from 1980-1990. This field likewise consists of selling expenditures besides commissions, like closing costs and lawyers charges, so it is 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 showed proof of entry as a result of the current real estate market boom, in addition to proof that NAR subscription has varied straight with real estate costs for a minimum of the past twenty years.
226. According to REAL Trends data, the number of deal sides per agent 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 here 12. 228. Yun, Tr. at 225. See conversation in Hsieh & Moretti, supra note 139, at 1116 (estimating $1.
2 billion social waste resulting from excess entry in 1990). 229. See Hsieh, Tr. at 233 (" [T] he real puzzle in the property service is why does there seem to be this reasonably repaired commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I make certain many individuals today have pointed out, the puzzle is why the portion commission has actually been so stubbornly relentless."); Hsieh & Moretti, supra note 139, at 1086 (" The obvious harmony of commission rates presents a massive puzzle, specifically if one believes that the expense and effort needed to sell a home do not increase one to one with the rate of real estate.
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230. ALA. CODE 34-27-36 (1975 ). 231. ALASKA STAT. 08. 88.401 (Michie 2005). 232. KAN. STAT. ANN. 58-3062 (2006 ). 233. LA. REV. STAT. ANN. 37:1455 (West 2006 ). 234. MISS. CODE ANN. 73-35-21 (2006 ). 235. MO. REV. STAT. 339. 150( 2006). 236. N.J. STAT. ANN. 45:15 -3. 1 (West 2006). 237. N.D. CENT. 1( 2006). 238. OKLA. STAT. ANN. tit. 59, 858-312 (West 2006). 239. OR. REV. STAT. 696. 290( 2005). 240. IOWA CODE 543B.60 A( 2005 ). 241. Based on weighted typical list prices of brand-new and existing homes in 2005($ 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 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 immunity from federal antitrust laws should show that its actions are (1) pursuant to a plainly articulated state policy intentionally displacing competitors with an alternative regulatory scheme and (2) actively supervised by the state or a certified federal government firm or official).
2003), available at http://www. ftc.gov/ os/2003/09/ stateactionreport. pdf (examining state action immunity teaching). 243. See, e. g., Hoover v. Ronwin, 466 U.S. 558, 568 (1984) (" Closer analysis is needed when the http://gunnerdnzp888.yousher.com/an-unbiased-view-of-how-to-get-a-real-estate-license activity at concern is not straight that of the legislature or supreme court, but is carried out by others pursuant to state permissions."); Southern Motor Carriers Rate Conference v.