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Feds probe real estate agents - Apr. 22, 2005 Web CNN/Money Buying & Selling Investment Property Home Improvement Million $ Life Financing Best Places SAVE | EMAIL | PRINT | SUBSCRIBE TO MONEY | Feds probe real estate agents Money magazine investigation shows Justice Dept. looking into anticompetitive practices. April 22, 2005: 5:27 PM EDT By Jon Birger, Money Magazine NEW YORK (CNN/Money) - Did you pay your real estate broker too much? The U.S. Department of Justice may be set to turn Tulsa, Okla. into a test-case for ending the stranglehold 6 percent commissions have over the real estate brokerage business. MONEY has learned that Justice's Antitrust Division is gathering information on the bully tactics that full-commission brokers in Tulsa allegedly use against their discount rivals to discourage commission-cutting. The probe follows other recent efforts to spur competition in the real estate industry. According to a copy of a Justice Department subpoena obtained by MONEY, federal investigators are seeking information on "possible anticompetitive conduct in the provision of real estate services in the Tulsa area" as well as "documents related to refusal to cooperate on real estate transactions." An Antitrust Division spokeswoman confirmed the existence of the investigation but declined to provide additional details. Al Unser, executive director of the Greater Tulsa Association of Realtors said: "We received a CID [civil investigative demand] from the Justice Dept. and we have responded." Economists who study real estate, such as the University of Cincinnati's Norm Miller, believe anti-competitive behavior is the primary explanation for the persistence of the 6 percent commission. J.D. Smith and Bob Meyer are two Tulsa discount real estate agents who say they were interviewed by federal investigators. They say the investigators wanted information on full-commission agents' alleged refusal to show home-buying clients properties listed by discount brokers -- a tactic known as boycotting. Boycotting exploits the one major weakness of the multiple listing service. The MLS's upside is that it centralizes all homes for sale in a single electronic marketplace that can be accessed by all agents -- and these days by Web-savvy consumers as well. The downside is that brokers must depend on one another to help sell their homes, and that discourages them from undercutting each other's commissions. While boycotting the listings of discounters is generally considered an antitrust violation -- if undisclosed, it's also a breach of fiduciary duty to clients -- industry insiders are well aware that boycotting goes on, even if they claim not to condone it. For Smith, the Feds' investigation comes a year or so too late. His realty business on the brink of ruin, Smith recently abandoned discount brokerage and went back to charging 6 percent. "In one week," Smith said, "I've had more showings and more offers from other realtors than I had in the previous two months." The Tulsa investigation is part of an ongoing Antitrust Division foray into the sharp-elbowed realty world. In March, the Antitrust Division sued the Kentucky Real Estate Commission over a state law that prohibits real estate brokers from offering commission rebates to consumers. More recently, Assistant Attorney General R. Hewitt Pate sent letters to lawmakers and regulators in Oklahoma and Texas, urging them to reject proposals that would effectively prohibit brokers from engaging in limited-service or fee-for-service realty -- such as listing a home for sale on the multiple listing service for a flat fee of $500. Bruce Hahn, chairman of the American Homeowners Grassroots Alliance, argues that state prohibitions on rebates and fee-for-service discourage competition and inflate commissions paid by consumers. "We've talked to Justice, and we think what they're doing is tremendous," he said. E-mail Jon Birger at jbirger@moneymail.com. The Hot List Most profitable renovations How risky is your 401(k)? Big new tax credits for hybrid cars More Real Estate How to buy and build on rural land Most overvalued housing markets When booms go bust... contact us | magazine customer service | site map | glossary | RSS | press room OTHER NEWS: CNN | SI | Fortune | Business2.0 = Money subscribers = Premium content -- * - Time reflects local markets trading time. † - Intraday data is at least 15-minutes delayed. Disclaimer © 2005 Cable News Network LP, LLLP. A Time Warner Company ALL RIGHTS RESERVED. Terms under which this service is provided to you. privacy policy Reprints of site stories are available. Top Stories Most overvalued housing markets Risks to the economy in 2006 Which was the worst ad of all in 2005? After the ride, a rest Hilton brands reunite after 40 years YOUR E-MAIL ALERTS Real Estate Antitrust Division Corporate Governance Oklahoma or Create your own Manage alerts | What is this?
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Book your free 2 hour workshop Date / Location 02/01/2006 , Kettering 02/01/2006 , Southampton 03/01/2006 , Heathrow 03/01/2006 , Hinckley 04/01/2006 , Nottingham 04/01/2006 , Watford 07/01/2006 , Gatwick 08/01/2006 , Gatwick 09/01/2006 , Newcastle 09/01/2006 , Worcester 10/01/2006 , Newcastle Upon Tyne 10/01/2006 , Shrewsbury 11/01/2006 , Sunderland 11/01/2006 , Walsall 12/01/2006 , Guisborough 14/01/2006 , Manchester 15/01/2006 , Manchester 16/01/2006 , Basildon 16/01/2006 , Bournemouth 16/01/2006 , Middlesbrough 17/01/2006 , Durham 17/01/2006 , St. Albans 17/01/2006 , Winchester 18/01/2006 , Ascot 18/01/2006 , Gosforth Park 18/01/2006 , Milton Keynes 19/01/2006 , Oxford 21/01/2006 , Birmingham 22/01/2006 , Birmingham 23/01/2006 , London Course Time Seats Required 1 2 3 4 Find a UK Property Maximum price No maximum £10,000 £20,000 £40,000 £30,000 £50,000 £60,000 £70,000 £80,000 £90,000 £100,000 £125,000 £150,000 £175,000 £200,000 £225,000 £250,000 £300,000 £350,000 £400,000 £450,000 £500,000 £600,000 £700,000 £800,000 £900,000 £1,000,000 £1,250,000 £1,500,000 £1,750,000 £2,000,000 £2,250,000 £2,500,000 £2,750,000 £3,000,000 No maximum Minimum bedrooms No minimum (incl. studio) 1 2 3 4 5 6 Area or postcode (e.g. York, Yorkshire or YO1) Business Property Finder Find a Business Property Property type: All Commercial Property Catering Empty/Vacant Premises Industrial Site/Unit Investment Properties Land/Development Sites Large Corporate Companies Leisure,Pubs and Hotels Motor Related Office Space Retail Showrooms Warehouses Other Property location: Spain Rest of Europe USA Rest of the World Republic of Ireland Northern Ireland Channel Islands Scotland UK - Nationwide All Locations Bedfordshire Berkshire Bristol Buckinghamshire Cambridgeshire Cheshire Cleveland Cornwall County Down Cumbria Derbyshire Devon Dorset Durham East Sussex East Yorkshire Essex Gloucestershire Greater Manchester Hampshire Herefordshire Hertfordshire Humberside Isle of Man Isle of Wight Kent Lancashire Leicestershire Lincolnshire London Merseyside Norfolk North Wales North Yorkshire Northamptonshire Northumberland Nottinghamshire Oxfordshire Pembrokeshire Shropshire Somerset South Wales South Yorkshire Staffordshire Suffolk Surrey Tayside Tyne and Wear Warwickshire West Midlands West Sussex West Yorkshire Wiltshire Worcestershire Tenure (Freehold, Leasehold): All Leasehold Freehold Property as Your Pension Should you bet your future on a house? 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