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Not sure if there are enough attorneys watching this list to make
it worth posting this here...but, just in case...here it is:
My attorney, David Barry, has agreed that it would be a good idea
to broadcast the message that we are seeking amicus briefs in
support of our petition for certiorari before the US Supreme Court.
You can view a copy of the petition at:
http://www.real-reform.org/scotus_06-815.pdf
To quote Attorney Barry, "Reifert raises profound issues for
competition in real estate.
First, it asks whether an MLS can force realty agents to purchase
memberships in the National Association of Realtors as a condition
of getting MLS. Second, it asks whether NAR can force its one
million plus members to stop competing for buyer business and seller
business.
You'll notice the Seventh Circuit made several rulings in our favor,
holding that the MLS had market power in its market, that membership
in the National Association of Realtors was forced on MLS users, and
that membership was a separate product from MLS services. Those are
issues the defendants fought hard over, and we succeeded. This part
of the ruling represents a major step forward for all challenges to
the MLS-Realtor tie-in.
The issue upon which we lost was the astonishing notion that the
National Association of Realtors does not compete with five separate
trade associations of real estate agents because the latter are
interested in minority affairs and NAR is not. I find the ruling
extremely offensive to notions of civil rights and justice in
America. However, that's how the Seventh Circuit ruled. That court
also rejected other candidates as competitors to NAR on similar
grounds.
Finally, the case raises important questions about the right to
work. The Seventh Circuit brushed off this issue, but it deserves
much closer study. The state of Wisconsin gave Reifert the right
to compete with other real estate agents. Reifert seeks to compete
with other agents in ways that are lawful in Wisconsin, but NAR
forbids that competition. If Reifert is to be able to support
himself and his family, and provide meaningful alternatives to
consumers, Reifert must be able to compete against other real estate
agents in all lawful ways."
We would certainly welcome any amicus briefs in support of our
petition for cert before the US Supreme Court and would also
welcome anyone reading this message to further circulate this
message to other parties whom they presume may have an interest.
The case was docketed on December 13, 2006 and an opposition is
likely to be due by February 2, 2007 , an extended date requested
by the defendants and unopposed by us. An amicus brief filed by
February 2nd is likely to have the greatest impact.
If you, as an attorney, need any assistance in filing such a brief, Attorney
Barry would be happy to assist. His contact information
can be found by visiting http://www.barryfirm.com .
Thank you for any assistance you are willing to render.
--
Sincerely Yours,
Jay Reifert, Broker/Owner*****************Excel-Exclusive Buyer Agency
100% Homebuyer Representation********5136 E. Hilltop Road
100% Of The Time****************************Madison, Wisconsin 53711
South Central Wisconsin's Oldest, Most
Successful, Exclusive Buyer Agency Firm
(800)928-9379, Toll Free * (608)273-8841, Office * (608)273-8388, Fax
http://www.true-agent.com or http://www.buy-madison-real-estate.com
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