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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 sites consist of: ForSaleByOwner. com, http://www. forsalebyowner.com (last gone to April 20, 2007); FSBO.com, http://www. fsbo.com (last checked out April 20, 2007); craigslist. org, http://sfbay.

com, http://www. homesbyowner.com (last checked out April 20, 2007). See Thorburn, Tr - how to become a real estate agent in illinois. how to become a real estate appraiser. at 97-98 (keeping in mind the variety of tools available 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 service design). 94. Henderson, Tr. at 154. 95. Id. at 155 - how to choose a real estate agent for selling. 96. This assistance can include: finding and scheduling examination of properties by potential buyers; supplying prospective purchasers with info such as relative residential or commercial property worths and most recent selling prices; assisting in the negotiation procedure; and assisting 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 (keeping in mind that all traditional business "have a considerable online presence"). 103. NAR 2006 SURVEY, 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 choose a real estate agent for selling).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 checked out April 20, 2007). 111. See, e. g., Zillow. com, http://www. zillow.com (last gone to 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 customers now may look into online not only houses for sale, however likewise the entire buying and offering procedure). 114. American Bankers Association, Public Remark 10, at 3 (comment). See also Perriello, Tr. at 149 (listing a number of features of realty sites, consisting of property images, virtual trips, abundant text, mapping performance, and neighborhood details); Sambrotto, Tr.

You can post color photos. You can post virtual tours. And you can have that info quickly browsed and regularly searched by buyers from their own homes on the [I] nternet."). 115. DelBianco, Tr. at 185. 116. NAR 2005 STUDY, 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 subscription is needed for all representatives and brokers that belong to the large bulk of MLSs in the United States. Such entities are likely to acquire 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 amount of time that real estate agents dedicate to prospecting and farming relative to really selling a home or discovering an appropriate house for a buyer increases as the market becomes increasingly more competitive, that is, as more real estate agents are chasing after the exact same number of consumers").

Id. at 1089 (" the cost of discovering a consumer increases with the number of realtors in the market, without necessarily generating fringe benefits to the consumer"). 222. These information come from the "overall house selling cost" field in the Bureau of Labor Statistics' annual Customer Expenditure Survey from 1980-1990. This field likewise consists of selling expenses aside from commissions, like closing expenses and attorneys fees, 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 & https://www.onfeetnation.com/profiles/blogs/rumored-buzz-on-what-is-a-cma-in-real-estate Moretti, supra note 139, at 213 and accompanying text. Yun showed evidence of entry as a result of the recent real estate market boom, as well as evidence that NAR subscription has differed straight with housing rates for at least the previous 20 years.

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226. According to REAL Trends data, the variety of transaction 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 Remark 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 business is why does there seem to be this reasonably repaired commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I make certain lots of people today have explained, the puzzle is why the portion commission has been so stubbornly consistent."); Hsieh & Moretti, supra note 139, at 1086 (" The apparent uniformity of commission rates presents a huge puzzle, especially if one believes that the cost and effort required to offer a house 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 upon weighted typical prices of brand-new and current houses in 2005($ 271,263), the buyer's broker's share of a $13,834 commission would be $6,917. A buyer Check out the post right here 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 resistance from federal antitrust laws should demonstrate that its actions are (1) pursuant to a plainly articulated state policy purposefully displacing competitors with an alternative regulatory scheme and (2) actively supervised 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 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 performed by others pursuant to state permissions."); Southern Motor Carriers Rate Conference v.