Exhibit A Original Transcript
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
United States of America, Plaintiff, -vs- Consolidated Multiple
Listing Services,
Incorporated, Defendant.
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| Case No: 3:08-CV-01786-SB |
DEPOSITION OF Robert Baucom February 12, 2009
9:35 a.m. Woodward, Cothran & Herndon
440 Knox Abbott Drive, Suite 200
Cayce, South Carolina REPORTED BY: Missy Graczyk, Court Reporter RECEIVED FEB 18 2009 LITIGATION III, ANTITRUST DIV.
U.S. DEPT. OF JUSTICE
106 | 1 | to comport with other CMLS rules?
| | 2 | A Just to be sure that, yeah that says it, there's a
| | 3 | possibility that the State form could actually be in
| | 4 | conflict with something that's in our rules, if you
| | 5 | actually, I don't know what that would be, because
| | 6 | I'm not really, that would be the reason.
| | 7 | Q But you haven't had any problems with people using
| | 8 | the South Carolina Association of Realtors EA Form?
| | 9 | A No, and I only went to, you know, we have -- no.
| | 10 | Q CMLS still requires that all offers be submitted to
| | 11 | listing brokers, correct?
| | 12 | A Yes, that's what the Rule says.
| | 13 | Q And there's no modification of that Rule with respect
| | 14 | to, with an agency listing?
| | 15 | A You mean that you would have to do ERTS and not EA?
| | 16 | Q No, I'm saying, there's no exception where the
| | 17 | listing agreement is an Exclusive Agency that would
| | 18 | allow offers to go directly to the home seller?
| | 19 | A No.
| | 20 | Q Why is it that even if the seller wants to receive
| | 21 | offers directly, CMLS prohibits them from doing so?
| | 22 | A I don't think it's a prohibition as such, and you
| | 23 | know, I think if you read the State Statute, that's a
| | 24 | gray area as to whether or not, how it gets. It says
| | 25 | that you have to prepare and present to the seller
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107 | 1 | any and all offers, you know, and to sit down and
| | 2 | just interpret legally, not being a lawyer, you know,
| | 3 | what that means versus what our rules mean. I don't
| | 4 | have any idea. I mean, does it say that it can't,
| | 5 | that South Carolina law doesn't say it has to be, as
| | 6 | I recall it, doesn't say that it has to be presented,
| | 7 | or can be presented directly to the seller. It says
| | 8 | that the listing agent or the agent for the seller
| | 9 | has to prepare and present all offers to the seller.
| | 10 | Q So you believe that requirement, you believe that
| | 11 | South Carolina law requires offers to go to the
| | 12 | broker and that they cannot be given directly to a
| | 13 | home seller?
| | 14 | A I think that was the consensus of everybody on the
| | 15 | Board when this issue first came up. I mean,
| | 16 | recalling the conversations that we've had about
| | 17 | that, that that's what everybody thought.
| | 18 | Q Based on its interpretation of South Carolina law?
| | 19 | A Yeah.
| | 20 | Q But you acknowledge that it's sort of a gray area?
| | 21 | A I do.
| | 22 | Q Did CMLS recently make changes with respect to its
| | 23 | requirement on signage?
| | 24 | A I don't think that's been recent. Well yeah, there
| | 25 | was a change in signage that I've been pushing for |
138 CERTIFICATE OF REPORTER I , Missy A. Graczyk, Court Reporter and Notary Public for the State of South Carolina at Large, do hereby certify: That the foregoing deposition was taken before me on the date and at the time and location stated on page 1 of this transcript; that the deponent was duly sworn to testify to the truth, the whole truth and nothing but the truth; that the testimony of the deponent and all objections made at the time of the examination were recorded stenographically by me and were thereafter transcribed; that the foregoing deposition as typed is a true, accurate and complete record of the testimony of the deponent and of all objections made at the time of the examination to the best of my ability. I further certify that I am neither related to nor counsel for any party to the cause pending or interested in the events thereof. Witness my hand, I have hereunto affixed my official seal this 16th day of February, 2009, at Columbia, Lexington County, South Carolina. | | _______________/s/________________
Missy A. Graczyk, Court Reporter
Notary Public
State of South Carolina
My Commission Expires:
January 18, 2010 |
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U.S. Department
of Justice
