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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, offered at http://www. usdoj.gov/ atr/cases/f210100/ 210142. htm. 246. Because the authorization decree was gotten in, consumers in Kentucky have gained from new minimized rate service models. For example, one realty business offers a 1% money back refund program for house buyers; another provides rebates worth as much as $2,250 in the kind of HomeDepot or American Express gift cards; and another offers to pay moving costs of as much as $1,500 to customers who buy particular residential or commercial properties.

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

Kentucky Complaint at 3. 248. Id. at 3. 249. Id. A couple of brokers surveyed supported getting rid of the rebate ban, acknowledging some of the procompetitive benefits that rescind of the restriction would promote. One broker observed: "Rebates will increase competitors and provide consumers more options in service." Id. at 3. 250.

17, 2005), readily available at http://www. usdoj.gov/ atr/public/press _ releases/2005/210637. htm; DOJ, West Virginia Real Estate Commission Allows Property Brokers To Offer Refunds And Other Discount Rates (May 4, 2006), available at http://www. usdoj.gov/ atr/public/press _ releases/2006/215961. htm. 251. In reaction to DOJ's investigation, the Tennessee Real Estate Commission voted to suspend enforcement of its refund ban on July 13, 2006, and consequently voted to rescind the upseting policy.

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9-10, 2006) (reversing rule). Pursuant to the state's administrative proceedings, the Tennessee Realty Commission arranged a public hearing what happens to my timeshare if i die regarding 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 upgraded 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 thinks that rebating will have a favorable influence on customer welfare, and sees no compelling financial rationale for not permitting refunds considering that they are a kind of rate competitors that must enhance efficiency by putting pressure on brokerages to offer better services at lower prices.

259 - what is a cma in real estate. An exclusive brokerage agreement is defined as "a composed brokerage contract which provides that the broker has the sole right, through the broker or through one or more associated licensees, to serve as the unique limited agent, representative, or transaction broker of the http://cashvebt986.iamarrows.com/all-about-what-is-commercial-real-estate client or client that satisfies 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 bill, signed into law on March 22, 2007, becomes reliable July 1, 2007. On its face, the law is unclear regarding whether it needs brokers in fact to carry out the service of receiving and providing offers and counteroffers or simply requires them to make themselves "offered" 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, including Delaware, Florida, Ohio, Oklahoma, Tennessee, and Wisconsin, have less restrictive laws that Informative post allow the customer to decide whether she or he wants the listing broker to perform such services.

CODE tit. 24 2973, FLA. STAT. 475. 278, OHIO CODE 4735. 621, OKLA. STAT. tit (how to buy real estate with no money). 59 858-353, TENN. CODE tit. 62-13-403, WI. CODE 452. 133. Virginia also has a less restrictive law that needs the broker who is providing limited services to disclose the services that he or she 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, readily 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 Realty Rules, INMAN NEWS (July 17, 2006), offered 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 thinking about a costs to allow customers to waive the minimum- service requirements established by the Nevada Realty Commission, all of which belongs to a plan recommended by a minimum-service task force the Commission developed.

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See Letter from DOJ to Oklahoma Representatives and Senators (Apr. 8, 2005), offered at http://www. usdoj.gov/ atr/public/comments/ 209203. htm; Letter from FTC and DOJ to Michigan State Sen. Alan Sanborn (Oct (how to buy real estate with no money). 18, 2005), offered at http://www. ftc.gov/ os/2005/10/ 051020commmihousebill4849. pdf; Letter from the FTC and DOJ to Guv Matt Blunt (May 23, 2005), offered at http://www.

htm; Letter from the FTC and DOJ to Alabama Senate (May 12, 2005), readily 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), readily available at http://www. usdoj.gov/ atr/public/comments/ 209229. htm; Letter from DOJ to the New Mexico Realty Commission (Nov.

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usdoj.gov/ atr/public/comments/ 212656. htm. 275. MLS-only bundles are packages where, for a flat fee, the fee-for-service broker consents to list the seller's home on the MLS by making a unilateral offer of payment and cooperation to all of the other brokers within the MLS. The seller then presumes obligation for future jobs related to the sale of his or her home.

g., Your Igloo Realty, http://www. yourigloo.com/ (last checked out Apr. 16, 2007). Ought to another broker in the MLS procure the purchaser that ultimately purchases the seller's home, the charge- for-service broker is usually obliged under MLS guidelines to pay the cooperative settlement listed on the MLS to that broker. See supra Chapter I.A. 3.

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The ability to buy private brokerage services, without purchasing the complete bundle provided by complete- service brokers, is increasingly essential to consumers. Hahn, for instance, suggested that there may be a transition towards "a new period" in the industry in which realty companies will develop and utilize a range of various company designs.

He expected that some firms would concentrate on particular parts of property deals enabling customers to choose what fits their requirements. Id. Hahn observed that such expertise and dividing of real estate services into smaller parts might result in "significant gains for consumers." Id. 277. Press accounts indicate that fee-for-service brokers have actually raised their rates or left the market completely in response to minimum-service laws.

1, INMAN NEWS (Oct. 12, 2005), readily available at http://www. inman.com/inmannews. aspx?ID= 48325; see also http://www. texasdiscountrealty.com/laws - how to get started in real estate. htm (website of Texas Discount rate Realty explaining that "due to the fact that of the included obligations forced on to you, the seller and us the broker, by [the Texas minimum-service law], we are required, as the majority of brokers to adjust our rates"); Tracy Donhardt, New Law Supplies Real Estate Agents and Edge, INDIANAPOLIS BUSINESS JOURNAL (July 10, 2006), available at http://indybiznow.