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The authors did not identify the source of the U.S. commission data. See NAR, Public Comment 208, at 15-16; Delcoure & Miller, supra, at 15. 173. Roughly half of the public comments submitted to the Agencies in response to their ask for public remarks were some variation of a kind letter that NAR composed, posted on its website, and encouraged its 1.

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This letter praised the competitive nature of the property industry. Commenters utilizing this kind highlighted regional competition between individual representatives as an outstanding example of strenuous competition to which the remainder of the economy need to aim - how to choose a real estate agent for selling. In addition, they http://brooksknrk084.lowescouponn.com/the-single-strategy-to-use-for-how-to-get-a-real-estate-license-in-pa claimed that the tens of countless brokerages, more than two million certified property specialists, and different company designs across the nation supply consumers with a great deal of choice.

realtor.org/law_and_policy/mls/ild/regulator_letters. html) for more details on the association's directions and suggested content. 174. NAR, Public Comment 208, at 1 (comment). 175. Id. at 2. 176. Blann, Public Comment 250, at 1. But see NAR 2006 SURVEY, supra note 4, at 74 (69% of sellers gotten in touch with only one representative; 74% of sellers found their agent through either a referral or a previous relationship with the representative).

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Reppert, Public Remark 294, at 1. See also Tradii, Public Remark 340, at 1; Wharton, Public Comment 179, at 1. 178. See, e. g., Earman, Public Comment 73, at 1-2 (typical commission is "well under 6%"); Giorgianni, Public Remark 200, at 1 (" My typical commission has actually dropped over the last 10 years from 3% to about 2.

179. Paulsen, Public Remark 364, at 1. Several panelists and commenters mentioned Real Trends price quotes of commission rates. See, e. g., Kunz, Tr. at 81-82; Lewis, Tr. at 172; NAR, Public Comment 208, at 12 (remark). 180. Lord, Public Remark 254, at 1. 181. Id. at 1. 182. Dwyer, Public Remark 55, at 1.

There are a variety of choices offered to purchasers and sellers from complete service representatives to really restricted service agents with a wide array of charge structures."); Large, Public Remark 241, at 1 (" our typical commission per transaction side has actually dropped 13% this year compared to last year as an outcome of competition from discount brokerage company models running in our market").

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GAO REPORT, supra note 3, at 12. 184. As talked about in Chapter I of this Report, the commission "rate" is the percentage of the house prices that the broker keeps as a commission, and commission "fees" are the overall dollar amount paid by consumers genuine estate brokerage services.

185. Weicher, supra note 167, at 121. how to become a real estate broker in florida. 186. NAR a rational source of commission data, offered its size and access to MLS data through its local associations does not study or report commission rates. A NAR economic expert described at the workshop that any typical commission rate reported by a prominent entity such as NAR might be used by industry participants as a centerpiece for collusion on commission rates.

at 225-26. See also NAR, Public Remark 208, at 12 (comment) (" [NAR] does not perform research study on commission rates out of issues that the research study results have the result of setting a 'centerpiece' for professionals to set their commissions."). 187. Weicher, supra note 167, at 124. Weicher's estimations utilize average home list prices, not median house list prices.

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Id. 189. See Hearing, supra note 1, at 5 (testament of David G. Wood), offered at http://financialservices. house.gov/ media/pdf/072506dgw. pdf. 190. Id. at 6. 191. See Realogy Corporation 10-K for ending Dec. 31, 2006, available at http://www. sec.gov/ Archives/edgar/data/ 1355001/000095012307003335/e31090e10vk. htm #tocpage. 192. A comprehensive review of the empirical research performed in the genuine estate brokerage industry is beyond the scope of this Report.

Turnbull, Trends in Realty Research, 1988-2001: What's Hot and What's Not, 29 JOURNAL OF PROPERTY FINANCING AND ECONOMICS 47 (2004 ); John D. Benjamin, G. Donald Jud & G. Stacy Sirmans, What Do We Understand About Realty Brokerage?, 20 JOURNAL OF REALTY RESEARCH STUDY 5 (2000 ). 193. 1983 FTC STAFF REPORT, supra note 9, at 45.

Id. 195. Id. at 46 (49. 6% of sample paid 6%, while 27. 9% paid 7%). 196. Id. at 48. 197. Id. at 52. 198. See Michael Carney, Costs and Pricing of House Brokerage Solutions, 10 JOURNAL OF THE AMERICAN REALTY AND URBAN ECONOMICS ASSOCIATION 331 (1982 ). 199. Id.

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200. Id. at 336. 201. Id. at 348 (" [O] n average, a $100,000 increase in the cost of the home decreases the commission rate by about 0. 5 portion points"). The typical prices of an existing house in 1980 was $72,800. See U.S. Department of Real Estate and Urban Development, U.S.

2006) [hereinafter "HUD REPORT"], readily available at http://www. huduser.org/periodicals/ushmc/fall06/USHMC_Q306. pdf. At that cost, the study's statistical results predict a corresponding commission rate of 6. 25%, resulting in a commission charge of $4,550. A house offering for $100,000 more, or $172,000, would pay a commission rate of 5. 73%, for a commission fee of $9,901.

Carney, supra note 198, at 339 (excluding 5 areas with inadequate observations for brand-new homes, in 59 percent of benefits of a timeshare the staying market areas the mean commission rate paid was statistically substantially higher for existing homes than for new houses). 203. Id. 204. Id. at 248. 205. See William C. Goolsby & Barbara J.

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206. Id. at 84. 207. This finding was substantial at the one percent level for each of the formulas evaluated. See id. at 83. However, Weicher keeps in mind that the magnitude of the sales rate effect appears to be little. See Weicher, supra note 167, at 121 (" Goolsby and Childs find that the commission rate declines about 0.

11 portion points for each $10,000 increase in house price, e. g., from 5. 90 percent to 5. 84 or 5. 79 percent."). 208. Goolsby & Childs, supra note 205, at 85. Given that the authors only observed the cooperative commission rate, they keep in mind that their conclusion rests on the presumption that the cooperative split is a fixed share of the total listing commission.

See id. at 81 n. 1. 209. See C.F. Sirmans & Geoffrey K. Turnbull, Brokerage Prices under Competitors, 41 JOURNAL OF URBAN ECONOMICS 102 (1997 ). This study obviously includes the data and appropriate findings of an earlier study conducted by the authors. See C.F. Sirmans, Geoffrey K. Turnbull & John D.

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210. Sirmans & Turnbull, supra note how to write cancellation letters 209, at 111. 211. Id. at 113-115. 212. Id. at 113-14. The authors performed regressions analyzing how the agreement commission rate was affected by numerous market conditions and housing variables. As the authors explain, the commission rate recorded in the sample is "the agreement rate and therefore does not reflect any adjustment or modifications that might be renegotiated in between the home seller and the agent at the time of sale." Id.

213. While it is not possible to quantify the relative inflexibility based on details reported by the authors, supplemental information can be used to calculate a rough approximation. Weicher, supra note 166, at 121, reports that Sirmans and Turnbull calculated an average contract commission rate of 5. 8% in Baton Rouge over the period 1985-1987.