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Judge rules that despite a $250 million settlement with Berkshire, the unit still faces a lawsuit for brokerage commissions.

Judge rules that despite a $250 million settlement with Berkshire, the unit still faces a lawsuit for brokerage commissions.
Judge rules that despite a $250 million settlement with Berkshire, the unit still faces a lawsuit for brokerage commissions.

Federal Judge ruled Thursday that Berkshire Hathaway must face a proposed antitrust lawsuit claiming that it conspired with real estate agents to increase commissions paid by home sellers, despite the fact that its HomeServices of America agency settled similar claims for $250,000,000 in 2024.

U.S. district judge Stephen Bough rejected Berkshire Hathaway Energy’s argument that its dealings with HomeServices were a single enterprise for antitrust purposes. This meant it would not owe any additional damages to the home sellers after HomeServices settled.

Bough said that HomeServices settlement also reflected the parties' intention that Berkshire entities with deeper pockets not be excused.

He cited an November 2024 filing in which HomeServices asked for the court to determine the fairness of the $250 million agreement against its own resources.

Berkshire Hathaway Energy, as well as its attorneys, did not immediately reply to comments.

Michael Ketchmark is a home seller's lawyer. He said that he was looking forward to the jury trial to show Berkshire Hathaway Energy’s role in "propping this conspiracy" to steal from homeowners.

The Omaha-based conglomerate Berkshire Hathaway, led by CEO Greg Abel, and Chairman Warren Buffett ended 2025 with a total of $373.3 billion in cash and 'equivalents. The National Association of Realtors changed their real estate commission rules after a Missouri jury ordered them to pay $1.8 Billion to home sellers who claimed that they had been overcharged.

The 8th U.S. Circuit Court of Appeals ruled that the?settlement was inadequate and voidable. The Appeals Court of the Circuit ruled that the?settlement was inadequate. In January, oral arguments were held.

Attorneys for plaintiffs claim that settlements in commission suits, including those against companies who did not go to court, exceeded $1 billion. Reporting by Jonathan Stempel, New York Editing Rod Nickel

(source: Reuters)