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Deposition Of Robert Baucom : U.S. V. Consolidated Multiple Listing Services, Inc.

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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.


        
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

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
Updated August 14, 2015