Berkshire Hathaway’s $250M Antitrust Scandal Unveiled!

Berkshire Hathaway's $250M Antitrust Scandal Unveiled!

In a groundbreaking development, a real estate brokerage owned by Warren Buffett’s Berkshire Hathaway, HomeServices of America, has finalized a $250 million settlement in a nationwide antitrust lawsuit that is poised to revolutionize how real estate agents receive payments.

The settlement marks the resolution of lingering litigation against the National Association of Realtors (NAR) and four brokerages, positioning HomeServices of America as the final defendant in this high-stakes legal battle. This agreement effectively averts the potential of a substantially larger payout, following a landmark ruling in Kansas City, Missouri, where a jury sided with home sellers. These sellers had accused the industry of orchestrating a scheme to artificially inflate real estate commissions in the state.

Warren Buffett’s Berkshire Hathaway Energy, the parent company of HomeServices, stood as the remaining party in a separate case involving the NAR and four brokerages. Jurors in this case had awarded an astonishing $1.78 billion in damages, a figure that the judge could have tripled. The settlement reached by HomeServices is contingent upon court approval.

Simultaneously, the NAR recently agreed to a separate settlement in a nationwide antitrust lawsuit, agreeing to pay $418 million. This move garnered preliminary approval from a judge, signifying a step forward in resolving the allegations surrounding inflated commissions in the industry.

The agreement not only dictates a significant financial settlement but also mandates a revision of the payment regulations for both buyers’ and sellers’ agents. Analysts predict that these alterations could potentially lead to a reduction in commissions by a minimum of 25%.

With this latest development, the collective payout from the NAR and implicated brokerages, including HomeServices Anywhere Real Estate and Re/Max, exceeds a staggering $943 million in total to settle antitrust claims.

Berkshire Hathaway, the conglomerate overseen by Warren Buffett, boasts ownership of 92% of Berkshire Hathaway Energy, which in turn owns HomeServices, along with a diverse portfolio encompassing utilities, pipelines, and renewable energy initiatives.

According to HomeServices spokesperson Chris Kelly, the $250 million settlement represents the brokerage’s sole responsibility without any contribution from its parent company. This resolution is projected to incur a $140 million after-tax charge.

Despite this settlement, Berkshire Hathaway Energy remains embroiled as a defendant in a parallel case in Kansas City involving multiple brokerages. Plaintiffs’ representatives in this case have not yet provided commentary on this latest development.

As Berkshire Hathaway concluded 2023 with a substantial $167.6 billion in cash and equivalents, this settlement serves as a pivotal moment in the ongoing legal saga, impacting the landscape of real estate transactions moving forward.


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