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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 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 gone to April 20, 2007). See Thorburn, Tr - what does a real estate agent do. how to make money in real estate. at 97-98 (noting the range of tools readily 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 service design). 94. Henderson, Tr. at 154. 95. Id. at 155 - what are the requirements to be a real estate appraiser. 96. This help can include: finding and setting up for examination of residential or commercial properties by prospective purchasers; supplying potential buyers with information such as relative property worths and most recent asking price; helping in the settlement process; and helping to schedule and prepare 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 (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 visited April 20, 2007); FSBO.com, http://www.

com, http://www. homesbyowner (how to buy real estate with no money).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 checked out April 20, 2007). 111. See, e. g., Zillow. com, http://www. zillow.com (last checked out April 20, 2007). 112. Shortt, Public Remark 311, at 1.

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Perriello, Tr. at 149. See likewise Whatley, Tr. at 160-61 (noting that customers now might look into online not just houses for sale, but also the whole buying and offering procedure). 114. American Bankers Association, Public Comment 10, at 3 (remark). See also Perriello, Tr. at 149 (listing several features of genuine estate sites, consisting of residential or commercial property pictures, virtual trips, abundant text, mapping performance, and area info); Sambrotto, Tr.

You can publish color images. You can publish virtual trips. And you can have that details quickly timeshares scams 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 Visit this link 29. 117. NAR 2006 STUDY, 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 come from the vast bulk of MLSs in the United States. Such entities are likely to gain 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 devote to prospecting and farming relative to actually selling a house or discovering a proper home for a purchaser increases as the marketplace ends up being a growing number of competitive, that is, as more realtors are chasing after the exact same number of consumers").

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Id. at 1089 (" the cost of finding a consumer increases with the number of realtors in the market, without necessarily producing fringe benefits to the customer"). 222. These information originate from the "overall house offering cost" field in the Bureau of Labor Statistics' annual Consumer Expense Survey from 1980-1990. This field also consists of selling expenditures besides commissions, like closing costs and lawyers costs, 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 an outcome of the current housing market boom, in addition to evidence that NAR membership has varied directly with housing prices for a minimum of the past twenty years.

226. According to REAL Trends data, the number of transaction 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 Comment 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 property business is why does there appear to be this reasonably repaired commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I make certain many Discover more here individuals today have actually pointed out, the puzzle is why the percentage commission has actually been so stubbornly consistent."); Hsieh & Moretti, supra note 139, at 1086 (" The apparent uniformity of commission rates provides an enormous puzzle, specifically if one thinks that the cost and effort essential to sell 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 on weighted average sales price of new and existing 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 Liquor Dealers Ass 'n v. Midcal Aluminum, Inc., 445 U.S. 97, 105 (1980) (entity claiming state action resistance 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 plan and (2) actively supervised by the state or a qualified government agency or authorities).

2003), readily available at http://www. ftc.gov/ os/2003/09/ stateactionreport. pdf (analyzing state action resistance teaching). 243. See, e. g., Hoover v. Ronwin, 466 U.S. 558, 568 (1984) (" Closer analysis is needed when the activity at concern is not straight that of the legislature or supreme court, but is brought out by others pursuant to state permissions."); Southern Motor Carriers Rate Conference v.