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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 visited 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 gone to April 20, 2007). See Thorburn, Tr - what is cap rate real estate. what can i do with a real estate license. at 97-98 (keeping in mind the range 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 model). 94. Henderson, Tr. at 154. 95. Id. at 155 - how to buy real estate with no money. 96. This help can consist of: finding and organizing for assessment of homes by prospective purchasers; offering potential buyers with info such as relative home worths and most current market price; helping in the negotiation procedure; and assisting 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 (keeping in mind that all traditional companies "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 checked out April 20, 2007); FSBO.com, http://www.

com, http://www. homesbyowner (what can i do with a real estate license).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 gone to April 20, 2007). how are timeshares scams 111. See, e. g., Zillow. com, http://www. zillow.com (last gone to 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 consumers now may investigate online not just homes for sale, but also the entire purchasing and offering process). 114. American Bankers Association, Public Remark 10, at 3 (comment). See also Perriello, Tr. at 149 (listing several functions of property websites, including home images, virtual tours, abundant text, mapping functionality, and area info); Sambrotto, Tr.

You can publish color photos. You can publish virtual trips. And you can have that details easily browsed and often 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 most states, there exists a single licensing board. Even more, NAR subscription is required for all agents and brokers that belong to the large majority of MLSs in the United States. Such entities are most likely to get financially from increased entry into the brokerage market. 220. See Hsieh & Moretti, supra note 139, at 1089 (" as long as the commission rate is repaired, the quantity of time that realtors devote to prospecting and farming relative to actually offering a home or finding a proper home for a buyer increases as the market ends up being increasingly more competitive, that is, as more realtors are chasing the very same number of customers").

Id. at 1089 (" the expense of discovering a client increases with the number of realtors in the market, without necessarily creating extra advantages to the customer"). 222. These data come from the "total house selling cost" field in the Bureau of Labor Statistics' annual Customer Expense Survey from 1980-1990. This field likewise consists of selling costs besides commissions, like closing expenses and attorneys charges, so it is most likely to overemphasize the real 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 a result of the recent real estate market boom, as well as evidence that NAR subscription has actually varied straight with real estate prices for at least the previous twenty years.

226. According to REAL Trends information, the number of transaction sides per agent declined from 12. 7 in http://sergiobmyn901.iamarrows.com/not-known-details-about-what-does-nnn-mean-in-real-estate 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 genuine estate business is why does there seem to be this relatively repaired commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I make sure many individuals today have pointed out, the puzzle is why the portion commission has been so stubbornly relentless."); Hsieh & Moretti, supra note 139, at 1086 (" The obvious uniformity of commission rates provides a massive puzzle, particularly if one believes that the expense and effort needed to sell a home do not increase one to one with the rate of housing.

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230. ALA. CODE 34-27-36 (1975 ). how much do timeshare salesmen make 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 sales rate of new and existing homes 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 Alcohol Dealers Ass 'n v. Midcal Aluminum, Inc., 445 U.S. 97, 105 (1980) (entity declaring state action resistance from federal antitrust laws should show that its actions are (1) pursuant to a plainly articulated state policy intentionally displacing competition with an alternative regulative plan and (2) actively supervised by the state or a certified federal government firm or authorities).

2003), offered at http://www. ftc.gov/ os/2003/09/ stateactionreport. pdf (examining state action resistance teaching). 243. See, e. g., Hoover v. Ronwin, 466 U.S. 558, 568 (1984) (" Closer analysis is required when the activity at issue is not straight that of the legislature or supreme court, however is performed by others pursuant to state authorizations."); Southern Motor Carriers Rate Conference v.