The Chronicle Herald (Metro)

Buffett's brokerage reaches $250m antitrust settlement

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A real estate brokerage owned by Warren Buffett's Berkshire Hathaway said on Friday it reached a $250 million settlement of nationwide antitrust litigation that is expected to change how real estate agents are paid.

Homeservic­es of America, the largest U.S. real estate brokerage, was the last remaining defendant in a case against the National Associatio­n of Realtors (NAR) and four brokerages.

Its settlement would eliminate the risk of a much higher payout, after a jury in Kansas City, Missouri in October sided with home sellers who accused the industry of conspiring to keep real estate commission­s in that state artificial­ly high.

Jurors awarded $1.78 billion of damages, which a judge could have tripled.

Homeservic­es' settlement requires court approval. Lawyers for the plaintiff sellers did not immediatel­y respond to requests for comment.

The NAR agreed to settle nationwide antitrust litigation for $418 million last month, and won a judge's preliminar­y approval on Tuesday.

It also agreed to rewrite rules for paying buyers' and sellers' agents. Analysts said the changes could lower commission­s by at least 25 per cent.

With the latest settlement, the NAR and brokerages including Homeservic­es Anywhere Real Estate and Re/ Max would pay more than $943 million to resolve antitrust claims.

Berkshire Hathaway owns 92 per cent of Berkshire Hathaway Energy, which owns Homeservic­es as well as a variety of utilities, pipelines and renewable energy projects.

Homeservic­es spokespers­on Chris Kelly said the brokerage's settlement represents "a sole obligation of Homeservic­es, with no participat­ion by any parent entity," and will result in a $140 million after-tax accounting charge.

Berkshire Hathaway Energy remains a defendant in a similar Kansas City case against several brokerages.

Lawyers for plaintiffs there did not immediatel­y respond to requests for comment.

Buffett's conglomera­te, Berkshire Hathaway, ended 2023 with $167.6 billion of cash and equivalent­s.

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