By Jonathan Stempel
April 9 (Reuters) – A federal judge ruled on Thursday that a Berkshire Hathaway unit must face a proposed antitrust class action claiming it conspired to inflate commissions that home sellers pay real estate agents, even though its HomeServices of America brokerage settled the same claims for $250 million in 2024.
U.S. District Judge Stephen Bough in Kansas City, Missouri, rejected Berkshire Hathaway Energy’s argument that its alleged dealings with HomeServices constituted a “single enterprise” for antitrust purposes, meaning it should not owe additional damages to home sellers once HomeServices settled.
Bough also said HomeServices’ settlement reflected the parties’ intent that deeper-pocketed Berkshire entities not be excused from liability.
He cited a November 2024 filing in which HomeServices asked the court to judge the fairness of the $250 million accord against its own resources.
Berkshire Hathaway Energy and its lawyers did not immediately respond to requests for comment.
Michael Ketchmark, a lawyer for home sellers, said he looked forward to a jury trial and showing Berkshire Hathaway Energy’s role in “propping up this conspiracy to pick the pockets of homeowners.”
Berkshire Hathaway, the Omaha, Nebraska-based conglomerate led by CEO Greg Abel and Chairman Warren Buffett, ended 2025 with $373.3 billion of cash and equivalents.
The National Association of Realtors changed its real estate commission rules after a Missouri jury in October 2023 ordered the influential trade group and four brokerages to pay $1.8 billion to home sellers who claimed they were overcharged.
All defendants later settled, but some objectors, including home buyers as well as sellers, asked the 8th U.S. Circuit Court of Appeals to void the settlement as inadequate. Oral arguments were held in January.
Lawyers for plaintiffs have said settlements of commission lawsuits, including against companies that did not go to trial, exceed $1 billion.
(Reporting by Jonathan Stempel in New YorkEditing by Rod Nickel)
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