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 include: 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 checked out April 20, 2007). See Thorburn, Tr - what does a real estate broker do. what is cap rate real estate. at 97-98 (noting the variety of tools available 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 - how to buy real estate with no money. 96. This assistance can consist of: finding and arranging for evaluation of properties by potential buyers; offering potential purchasers with details such as relative residential or commercial property values and latest selling rates; assisting in the settlement procedure; 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 (keeping in mind that all standard companies "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 to get a real estate license in ohio).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 checked out April 20, 2007). 112. Shortt, Public Comment 311, at 1.
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Perriello, Tr. at 149. See also Whatley, Tr. at 160-61 (keeping in mind that consumers now might research online not only homes for sale, but also the whole buying and offering procedure). 114. American Bankers Association, Public Remark 10, at 3 (remark). See also Perriello, Tr. at 149 (listing numerous functions of real estate sites, including home pictures, virtual tours, rich text, mapping functionality, and community info); Sambrotto, Tr.
You can publish color photos. You can post virtual tours. And you can have that information easily sell your timeshare scam searched and frequently 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 many states, there exists a single licensing board. Further, NAR membership is required for all agents and brokers that belong to the large majority of MLSs in the United States. Such entities are likely to get financially from increased entry into the brokerage industry. 220. See Hsieh & Moretti, supra note 139, at 1089 (" as long as the commission rate is fixed, the what is timeshare vacation amount of time that real estate agents commit to prospecting and farming relative to really offering a home or finding a proper home for a buyer increases as the marketplace becomes increasingly more competitive, that is, as more real estate agents are chasing after the same variety of consumers").
Id. at 1089 (" the expense of finding a client increases with the variety of realtors in the market, without always generating additional advantages to the consumer"). 222. These data come from the "total home offering expenditure" field in the Bureau of Labor Stats' annual Consumer Expenditure Study from 1980-1990. This field likewise consists of selling costs other than commissions, like closing expenses and lawyers costs, 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 showed proof of entry as a result of the current real estate market boom, in addition to evidence that NAR membership has actually differed straight with real estate prices for at least the past twenty years.
226. According to REAL Trends information, the number 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 (approximating $1.
2 billion social waste arising from excess entry in 1990). 229. See Hsieh, Tr. at 233 (" [T] he real puzzle in the realty service is why does there seem to be this fairly repaired commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I make certain many individuals today have mentioned, the puzzle is why the percentage commission has been so stubbornly relentless."); Hsieh & Moretti, supra note 139, at 1086 (" The apparent uniformity of commission rates presents an enormous puzzle, specifically if one thinks that the cost and effort essential to sell a home do not increase one to one with the price of housing.
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230. ALA. CODE 34-27-36 (1975 ). 231. ALASKA STAT. 08. 88.401 (Michie 2005). 232. KAN. STAT. ANN. 58-3062 (2006 ). 233. LA. REV. STAT. ANN. 37:1455 (West 2006 ). 234. MISS. CODE ANN. 73-35-21 (2006 ). 235. MO. REV. STAT. 339. 150( 2006). 236. N.J. STAT. ANN. 45:15 -3. 1 (West 2006). 237. N.D. CENT. 1( 2006). 238. OKLA. STAT. ANN. tit. 59, 858-312 (West 2006). 239. OR. REV. STAT. 696. 290( 2005). 240. IOWA CODE 543B.60 A( 2005 ). 241. Based upon weighted average sales price why are timeshares hard to get out of of new and current houses in 2005($ 271,263), the purchaser'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 Retail Alcohol Dealers Ass 'n v. Midcal Aluminum, Inc., 445 U.S. 97, 105 (1980) (entity declaring state action resistance from federal antitrust laws need to 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 qualified federal government firm or authorities).
2003), available at http://www. ftc.gov/ os/2003/09/ stateactionreport. pdf (analyzing state action resistance 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 carried out by others pursuant to state permissions."); Southern Motor Carriers Rate Conference v.