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usdoj.gov/ atr/cases/f208300/ 208393. htm. 245. See Amended Final Judgment and Order, United States v. Kentucky Property Comm' n, Civ. Action No. 3:05 CV188-H, readily available at http://www. usdoj.gov/ atr/cases/f210100/ 210142. htm. 246. Because the authorization decree was entered, consumers in Kentucky have taken advantage of brand-new minimized price service designs. For example, one realty company provides a 1% money back refund program for home buyers; another provides refunds worth up to $2,250 in the form of HomeDepot or American Express gift cards; and another uses to pay moving costs of approximately $1,500 to consumers who buy specific homes.

For more on types of refunds offered in Kentucky and nationwide, see, e. g., Mariwyn Evans, Law: Consumer Rebates, REALTOR MAGAZINE ONLINE (Jan. what is cam in real estate. 1, 2006), readily available at http://www. realtor.org/rmoprint. nsf/pages/lawjan06; Jessica Swesey, Web stock brokerage leaders get in online property, INMAN NEWS (Apr. 6, 2006), offered at http://www. inman.com/inmannews. aspx?ID= 50907.

Kentucky Problem at 3. 248. Id. at 3. 249. Id. A few brokers surveyed supported getting rid of the rebate restriction, recognizing some of the procompetitive benefits that repeal of the restriction would foster. One broker observed: "Rebates will increase competition and offer consumers more options in service." Id. at 3. 250.

17, 2005), available at http://www. usdoj.gov/ atr/public/press _ releases/2005/210637. htm; DOJ, West Virginia Property Commission Allows Property Brokers To Offer Rebates And Other Discounts (May 4, 2006), offered at http://www. usdoj.gov/ atr/public/press _ releases/2006/215961. htm. 251. In reaction to DOJ's investigation, the Tennessee Property Commission voted to suspend enforcement of its refund restriction on July 13, 2006, and consequently voted to repeal the angering regulation.

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9-10, 2006) (reversing rule). Pursuant to the timeshare fort lauderdale state's administrative procedures, the Tennessee Realty Commission set up a public hearing concerning the refund ban's final repeal for May 2007. See Tenn. Admin. Reg. vol. 33, no. 3( Mar. 2007), Notification of Rulemaking, offered at http://www. tn.gov/ sos/rules _ hearingnotices/2007/1260/ 1260. 20070228.02-37-07. notice.pdf (last updated Feb.

252. Perriello, Tr. at 151. 253. Id. 254. Lewis, Tr. at 180. 255. Henderson, Tr. at 154-155. 256. DelBianco, Tr. at 183. 257. Henderson, Tr. at 157. 258. Hahn believes that rebating will have a favorable effect on consumer welfare, and sees no engaging economic reasoning for not allowing refunds since they are a form of price competitors that must improve performance by putting pressure on brokerages to provide better services at lower costs.

259 - how long to get real estate license. A special brokerage arrangement is defined as "a written brokerage arrangement which offers that the broker has the sole right, through the broker or through one or more affiliated licensees, to act as the exclusive limited agent, agent, or deal broker of the customer or consumer that fulfills the requirements of area 339.

REV. STATUTES. 710( 16 ). 260. MO. REV. STATUTES 339. 780( 7 )( 1 )-( 3 ). 261. ALA. CODE 34-27-84( c). 262. See H.B. 135, 2007 Leg., 59th Sess. (2007 ). This expense, signed into law on March 22, 2007, becomes efficient July 1, 2007. On its face, the law is ambiguous as to whether it requires brokers in fact to carry out the service of receiving and providing deals and counteroffers or merely requires them to make themselves "readily available" to their customer to do so.

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263. 225 IL. COMP. STATS. 454/1 -10. 264. IN. CODE 25-34. 1-10-9. 5. 265. IOWA CODE 543B.56 A. 266. TEX OCC. CODE 1101. 557. 267. UTAH CODE 61-2-27( 2 )( a). 268. A number of states, consisting of Delaware, Florida, Ohio, Oklahoma, Tennessee, and Wisconsin, have less restrictive laws that enable the client to choose whether she or he desires the listing broker to perform such services.

CODE tit. 24 2973, FLA. STAT. 475. 278, OHIO CODE 4735. 621, OKLA. STAT. tit (how much does it cost to get a real estate license). 59 858-353, TENN. CODE tit. 62-13-403, WI. CODE 452. 133. Virginia also has a less limiting law that requires the broker who is supplying restricted services to disclose the services that she or he will carry out.

CODE 54. 1-2138. 1. 269. Kentucky S.B. 43, available at http://www. lrc.ky. gov/record/06RS/ SB43. htm. 270. Michigan H.B. 4849, available at http://www. legislature.mi. gov/documents/2005 -2006/ billengrossed/House/pdf/ 2005-HEBH-4849. pdf. 271. Mississippi S.B. 2782, available at http://billstatus. ls.state. ms.us/ documents/2006/html/ SB/2700 -2799/ SB2782IN.htm. 272. See Glenn Roberts, Jr., New Mexico Rescinds Controversial Real Estate Rules, INMAN NEWS (July 17, 2006), available at http://www.

aspx?ID= 54526. 273. At the time of publication of this Report, the Rhode Island legislature is considering minimum-service requirements. The Nevada legislature is considering a bill to enable customers to waive the minimum- service requirements developed by the Nevada Realty Commission, all of which becomes part of a bundle suggested by a minimum-service job force the Commission established.

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See Letter from DOJ to Oklahoma Representatives and Senators (Apr. 8, 2005), readily available at http://www. usdoj.gov/ atr/public/comments/ 209203. htm; Letter from FTC and DOJ to Michigan State Sen. Alan Sanborn (Oct (how to get a real estate license in ca). 18, 2005), readily available at http://www. ftc.gov/ os/2005/10/ 051020commmihousebill4849. pdf; Letter from the FTC and DOJ to Guv Matt Blunt (May 23, 2005), available at http://www.

htm; Letter from the FTC and Go to the website DOJ to Alabama Senate (May 12, 2005), available at http://www. ftc.gov/ os/2005/05/ 050512ltralabamarealtors. pdf; Letter from the FTC and DOJ to Loretta R. DeHay, Gen. Counsel, Texas Property Comm' n. (Apr. 20, 2005), offered at http://www. usdoj.gov/ atr/public/comments/ 209229. htm; Letter from DOJ to the New Mexico Realty Commission (Nov.

usdoj.gov/ atr/public/comments/ 212656. htm. 275. MLS-only plans are bundles where, for a flat fee, the fee-for-service broker accepts list the seller's house on the MLS by making a unilateral offer of compensation and cooperation to all of the other brokers within the MLS. The seller then assumes obligation for future tasks associated with the sale of his/her home.

g., Your Igloo Property, http://www. yourigloo.com/ (last went to Apr. 16, 2007). Need to another broker in the MLS procure the purchaser that eventually purchases the seller's home, the fee- for-service broker is usually obligated under MLS guidelines to pay the cooperative payment noted on Click for more the MLS to that broker. See supra Chapter I.A. 3.

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The ability to buy individual brokerage services, without purchasing the full bundle provided by complete- service brokers, is increasingly important to consumers. Hahn, for example, recommended that there may be a shift towards "a new age" in the industry in which realty companies will establish and use a variety of various organization models.

He anticipated that some firms would specialize in particular parts of realty deals enabling customers to pick what fits their needs. Id. Hahn observed that such specialization and dividing of genuine estate services into smaller sized parts could result in "considerable gains for consumers." Id. 277. Press accounts suggest that fee-for-service brokers have actually raised their costs or left the marketplace entirely in action to minimum-service laws.

1, INMAN NEWS (Oct. 12, 2005), offered at http://www. inman.com/inmannews. aspx?ID= 48325; see likewise http://www. texasdiscountrealty.com/laws - what is a real estate appraiser. htm (website of Texas Discount Realty discussing that "due to the fact that of the added responsibilities required on to you, the seller and us the broker, by [the Texas minimum-service law], we are forced, as most brokers to change our rates"); Tracy Donhardt, New Law Supplies Realtors and Edge, INDIANAPOLIS SERVICE JOURNAL (July 10, 2006), offered at http://indybiznow.