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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 websites include: ForSaleByOwner. com, timeshare release http://www. forsalebyowner.com (last gone to 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 does under contract mean in real estate. what does a real estate broker do. at 97-98 (noting the range 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.

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com timeshare termination team cost organization 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: locating and arranging for assessment of homes by prospective buyers; supplying prospective buyers with information such as relative home worths and most current asking price; assisting in the settlement procedure; and helping 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 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 standard companies "have a significant online existence"). 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 long does it take to get a real estate license).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 visited 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 (keeping in mind that customers now may research online not only houses for sale, however likewise the entire purchasing and offering procedure). 114. American Bankers Association, Public Remark 10, at 3 (comment). See likewise Perriello, Tr. at 149 (listing numerous features of property websites, consisting of residential or commercial property pictures, virtual trips, abundant text, mapping functionality, and area information); Sambrotto, Tr.

You can post color photos. You can publish virtual trips. And you can have that details easily searched and frequently browsed by buyers from their own houses 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 the majority of states, there exists a single licensing board. Even more, NAR subscription is required for all representatives and brokers that come from the large bulk of MLSs in the United States. Such entities are most likely to gain 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 quantity of time that real estate agents devote to prospecting and farming relative to really selling a home or discovering a proper home for a buyer increases as the market ends up being a growing number of competitive, that is, as more realtors are chasing the very same number of customers").

Id. at 1089 (" the cost of finding a client increases with the variety of real estate agents in the market, without always generating additional advantages to the consumer"). 222. These information come from the "overall house selling expenditure" field in the Bureau of Labor Stats' yearly Consumer Expense Study from 1980-1990. This field likewise includes selling expenses besides commissions, like closing expenses and lawyers costs, so it is 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 revealed evidence of entry as an outcome of the recent real estate market boom, as well as evidence that NAR subscription has actually varied straight with housing prices for a minimum of the previous 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 Remark 208, at 12. 228. Yun, Tr. at 225. See conversation in Hsieh & Moretti, supra note 139, at 1116 (estimating $1.

2 billion social waste arising 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 fairly fixed commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I make sure 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 obvious uniformity of commission rates presents a massive puzzle, especially 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. how to get out of your timeshare contract 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 list prices of 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 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 regulative scheme and (2) actively monitored by the state or a qualified federal government company or official).

2003), 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 needed when the activity at concern 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.