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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 include: ForSaleByOwner. com, http://www. forsalebyowner.com (last visited https://diigo.com/0o0n6b 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 visited April 20, 2007). See Thorburn, Tr - what is emd in real estate. how to start real estate investing. 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 - how to generate real estate leads. 96. This help can include: locating and scheduling assessment of residential or commercial properties by potential purchasers; offering potential purchasers with information such as relative home values and latest market price; assisting in the negotiation process; and assisting to schedule and prepare for closing of the deal.

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Henderson, read more 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 (noting that all standard business "have a considerable 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 gone to April 20, 2007); FSBO.com, http://www.

com, http://www. homesbyowner (how to become a real estate broker in california).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 visited 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 (noting that consumers now might research online not only homes for sale, however likewise the whole purchasing and selling process). 114. American Bankers Association, Public Comment 10, at 3 (remark). See also Perriello, Tr. at 149 (listing numerous functions of property sites, including home images, virtual tours, rich text, mapping functionality, and neighborhood details); Sambrotto, Tr.

You can post color pictures. You can publish virtual trips. And you can have that details easily searched and often searched by purchasers 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 SURVEY, supra note 4, at 37. In most states, there exists a single licensing board. Further, NAR membership is needed for all agents and brokers that belong to the vast 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 offering a house 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 very same number of customers").

Id. at 1089 (" the cost of finding a client increases with the number of real estate agents in the market, without always creating fringe benefits to the customer"). 222. These data come from the "overall house selling cost" field in the Bureau of Labor Data' annual Consumer Expense Survey from 1980-1990. This field also includes selling expenditures aside from commissions, like closing costs and attorneys fees, so it is 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, along with proof that NAR membership has actually differed directly with real estate prices for at least the previous twenty years.

226. According to REAL Trends data, the variety of deal 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 resulting from excess entry in 1990). 229. See Hsieh, Tr. at 233 (" [T] he real puzzle in the realty organization is why does there seem to be this relatively fixed commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I'm sure many individuals today have actually mentioned, the puzzle is why the portion commission has actually been so stubbornly consistent."); Hsieh & Moretti, supra note 139, at 1086 (" The evident uniformity of commission rates provides a massive puzzle, specifically if one thinks that the expense and effort needed to sell a house do not increase one to one with the rate 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. 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 ). timeshare attorneys near me 241. Based on weighted average sales rate of brand-new and current 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 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 immunity from federal antitrust laws must show that its actions are (1) pursuant to a plainly articulated state policy intentionally displacing competitors with an alternative regulatory scheme and (2) actively monitored by the state or a certified federal government firm or authorities).

2003), available 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 needed when the activity at concern is not directly that of the legislature or supreme court, but is performed by others pursuant to state authorizations."); Southern Motor Carriers Rate Conference v.