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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, http://www. forsalebyowner.com (last checked out 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 - how to get real estate license in ga. how much do real estate agents make a year. 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.
com organization model). 94. Henderson, Tr. at 154. 95. Id. at 155 - how long does it take to get real estate license. 96. This help can include: finding and arranging for inspection of homes by potential purchasers; supplying potential buyers with information such as relative residential or commercial property values and latest selling costs; assisting in the negotiation process; and helping to schedule and get ready for closing of the transaction.
Henderson, Tr. at 156-57. 98. NAR 2006 STUDY, 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 traditional companies "have a substantial 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 invest in real estate with little money).com (last gone to 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 visited 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.
Perriello, Tr. at 149. See also Whatley, Tr. at 160-61 (keeping in mind that customers now may look into online not just houses for sale, but also the whole buying and selling process). 114. American Bankers Association, Public Comment 10, at 3 (comment). See also Perriello, Tr. at 149 (listing numerous features of property websites, consisting of home pictures, virtual tours, rich text, mapping performance, and community information); Sambrotto, Tr.
You can post color pictures. You can post virtual trips. And you can have that details easily browsed and frequently browsed by purchasers 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 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 gain 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 amount of time that real estate agents devote to prospecting and farming relative to actually selling a house or finding an appropriate house for a buyer increases as the market becomes increasingly more competitive, that is, as more real estate agents are chasing the very same variety of clients").
Id. at 1089 (" the expense of discovering a client increases with the number of real estate agents in the market, without always creating extra benefits to the consumer"). 222. These information come from the "total home offering expenditure" field in the Bureau of Labor Data' annual Customer Expenditure Survey from 1980-1990. This field also includes selling expenses aside from commissions, like closing costs and lawyers costs, so it is most likely to overemphasize the actual commission rate.
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 housing market boom, as well as proof that NAR subscription has actually varied straight with real estate rates for a minimum of the past twenty years.
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 (estimating $1.
2 billion social waste arising from excess entry in 1990). 229. See Hsieh, Tr. at 233 (" [T] he real puzzle in the property company is why does there appear to be this reasonably repaired commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I make certain many people today have actually explained, the puzzle is why the portion commission has actually been so stubbornly consistent."); Hsieh & Moretti, supra note 139, at 1086 (" The obvious harmony of commission rates provides an enormous puzzle, specifically if one believes that what is the timeshare the expense and effort required to offer a home do not increase one to one with the rate of housing.
230. ALA. CODE 34-27-36 (1975 ). 231. ALASKA STAT. 08. 88.401 (Michie 2005). 232. KAN. STAT. ANN. 58-3062 (2006 ). 233. LA. REV. STAT. ANN. 37:1455 (West 2006 ). 234. MISS. CODE ANN. 73-35-21 (2006 ). 235. MO. REV. STAT. 339. 150( 2006). 236. N.J. STAT. ANN. 45:15 -3. 1 (West 2006). 237. N.D. CENT. 1( 2006). 238. OKLA. STAT. ANN. tit. 59, 858-312 (West 2006). 239. OR. REV. STAT. 696. 290( 2005). 240. Click for more info IOWA CODE 543B.60 A( 2005 ). 241. Based upon weighted typical sales price of new and current houses in 2005($ 271,263), the purchaser's broker's share of a $13,834 commission would be $6,917. A buyer who is rebated half of this would get $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 must show that its actions are (1) pursuant to a plainly articulated state policy deliberately 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 (evaluating state action immunity 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 directly that of the legislature or supreme court, however is performed by others pursuant to state permissions."); Southern Motor Carriers Rate Conference v.