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usdoj.gov/ atr/cases/f208300/ 208393. htm. 245. See Amended Final Judgment and Order, United States v. Kentucky Real Estate Comm' n, Civ. Action No. 3:05 CV188-H, readily available at http://www. usdoj.gov/ atr/cases/f210100/ 210142. htm. 246. Since the approval decree was gotten in, customers in Kentucky have actually gained from new reduced rate business designs. For example, one realty business provides a 1% money back rebate program for house purchasers; another offers rebates worth up to $2,250 in the type of HomeDepot or American Express present cards; and another uses to pay moving costs of up to $1,500 to consumers who buy particular properties.

For more on kinds of rebates used in Kentucky and across the country, see, e. g., Mariwyn Evans, Law: Customer Rebates, REALTOR PUBLICATION ONLINE (Jan. how long does it take to get a real estate license. 1, 2006), offered at http://www. realtor.org/rmoprint. nsf/pages/lawjan06; Jessica Swesey, Web stock brokerage leaders go into online genuine estate, INMAN NEWS (Apr. 6, 2006), readily available at http://www. inman.com/inmannews. aspx?ID= 50907.

Kentucky Problem at 3. 248. Id. at 3. 249. Id. A few brokers surveyed supported removing the refund ban, recognizing some of the procompetitive benefits that rescind of the ban would foster. One broker observed: "Refunds will increase competition and offer consumers more options in service." Id. at 3. 250.

17, 2005), offered at http://www. usdoj.gov/ atr/public/press _ releases/2005/210637. htm; DOJ, West Virginia Property Commission Permits Property Brokers To Deal Refunds And Other Discount Rates (May 4, 2006), offered at http://www. usdoj.gov/ atr/public/press _ releases/2006/215961. htm. 251. In reaction to DOJ's examination, the Tennessee Property Commission voted to suspend enforcement of its refund restriction on July 13, 2006, and subsequently voted to repeal the angering guideline.

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9-10, 2006) (repealing guideline). Pursuant to the state's administrative proceedings, the Tennessee Realty Commission arranged a public hearing relating to the rebate restriction's final repeal for May 2007. See Tenn. Admin. Reg. vol. 33, no. 3( Mar. 2007), Notification of Rulemaking, readily available 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. how does timeshare work at 183. 257. Henderson, Tr. at 157. 258. Hahn believes that rebating will have a favorable impact on consumer welfare, and sees no compelling financial reasoning for not permitting refunds because they are a kind of rate competitors that ought to enhance performance by putting pressure on brokerages to offer much better services at lower rates.

259 - how much does real estate agents make. An unique brokerage contract is defined as "a written brokerage contract which supplies that the broker has the sole right, through the broker or through several associated licensees, to function as the unique restricted agent, agent, or deal broker of the 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 effective July 1, 2007. On its face, the law is unclear regarding whether it needs brokers in fact to carry out the service of getting and presenting offers and counteroffers or simply requires them to make themselves "readily available" to their customer to do so.

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263. 225 IL. COMPENSATION. STATISTICS. 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. Several states, consisting of Delaware, vacation timeshare rentals Florida, Ohio, Oklahoma, Tennessee, and Wisconsin, have less restrictive laws that enable the customer to decide whether she or he desires the Browse around this site listing broker to carry out such services.

CODE tit. 24 2973, FLA. STAT. 475. 278, OHIO CODE 4735. 621, OKLA. STAT. tit (what does a real estate broker do). 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 he or she will perform.

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, offered 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), available at http://www.

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

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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 become a real estate agent in pa). 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.

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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 Real Estate Comm' n. (Apr. 20, 2005), readily available at http://www. usdoj.gov/ atr/public/comments/ 209229. htm; Letter from DOJ to the New Mexico Real Estate Commission (Nov.

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

g., Your Igloo Real Estate, http://www. yourigloo.com/ (last went to Apr. 16, 2007). Should another broker in the MLS acquire the purchaser that ultimately buys the seller's house, the cost- for-service broker is usually bound under MLS rules to pay the cooperative compensation listed on the MLS to that broker. See supra Chapter I.A. 3.

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The ability to purchase specific brokerage services, without buying the full plan offered by full- service brokers, is significantly crucial to customers. Hahn, for example, recommended that there may be a transition towards "a brand-new age" in the market in which property companies will develop and use a variety of various organization models.

He expected that some companies would concentrate on specific parts of property deals permitting customers to select what fits their needs. Id. Hahn observed that such specialization and dividing of property services into smaller parts might lead to "considerable gains for consumers." Id. 277. Press accounts show that fee-for-service brokers have actually raised their costs or exited the market altogether 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 - how to become a real estate agent in illinois. htm (website of Texas Discount rate Realty discussing 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 a lot of brokers to adjust our rates"); Tracy Donhardt, New Law Offers Real Estate Agents and Edge, INDIANAPOLIS COMPANY JOURNAL (July 10, 2006), available at http://indybiznow.