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Broker Duty to Clients: Why States Mandate Minimum Service Requirements

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Author Info
Anupam Nanda (Mumbai)
Katherine A. Pancak (University of Connecticut)

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Abstract

Since 2004, ten U.S. states have enacted laws that mandate real estate brokers to provide real estate consumers with a minimum level of services. The federal government and the academic literature suggest that such state laws are a result of anti-competitive industry collusion, and serve no consumer protection justification. This paper attempts to determine the factors that led states to adopt minimum service requirements, despite significant federal opposition. The analytical structure employs hazard models, using a unique set of economic and institutional attributes for 50 U.S. states from 2000 to 2007. Contrary to initial expectations based on the literature, our results indicate that both strength of a state.s Realtor association and broker membership on real estate licensing boards decrease, rather than increase, the likelihood of state adoption of broker minimum service requirements. Factors that do increase the likelihood of adoption include higher state licensing complaints and a democratically controlled state legislature.

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File URL: http://www.econ.uconn.edu/working/A2009-01.pdf
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Publisher Info
Paper provided by University of Connecticut, Department of Economics in its series Alumni working papers with number 2009-01.

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Length: 34 pages
Date of creation: Apr 2009
Date of revision:
Handle: RePEc:uct:alumni:2009-01

Note: Authors acknowledge helpful comments from John Clapp. All remaining errors are ours.
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Postal: University of Connecticut 341 Mansfield Road, Unit 1063 Storrs, CT 06269-1063
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Web page: http://www.econ.uconn.edu/
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Related research
Keywords: Minimum Services; Hazard Model;

Find related papers by JEL classification:
C14 - Mathematical and Quantitative Methods - - Econometric and Statistical Methods: General - - - Semiparametric and Nonparametric Methods
K11 - Law and Economics - - Basic Areas of Law - - - Property Law
L85 - Industrial Organization - - Industry Studies: Services - - - Real Estate Services
R21 - Urban, Rural, and Regional Economics - - Household Analysis - - - Housing Demand

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References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
  1. Kiefer, Nicholas M, 1988. "Economic Duration Data and Hazard Functions," Journal of Economic Literature, American Economic Association, vol. 26(2), pages 646-79, June. [Downloadable!] (restricted)
  2. de Figueiredo, Rui J P, Jr & Vanden Bergh, Richard G, 2004. "The Political Economy of State-Level Administrative Procedure Acts," Journal of Law & Economics, University of Chicago Press, vol. 47(2), pages 569-88, October.
  3. Thomas Miceli & Katherine Pancak & C. Sirmans, 2007. "Is the Compensation Model for Real Estate Brokers Obsolete?," The Journal of Real Estate Finance and Economics, Springer, vol. 35(1), pages 7-22, July. [Downloadable!] (restricted)
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This page was last updated on 2009-11-5.


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