HomeServices of America to Pay $250 Million to Settle Lawsuits Over Inflated Commissions: Implications for Real Estate Market and Berkshire Hathaway

Kansas City, Missouri United States of America
HomeServices conducted $165.7 billion in sales volume in 2022, making it the second-largest real estate brokerage
Settlement represents a significant financial hit for Berkshire Hathaway, which owns 92% of HomeServices
The settlement could potentially lower home prices across the board and increase competition among real estate brokers
Warren Buffett's HomeServices of America agrees to pay $250 million to settle lawsuits over inflated commissions
HomeServices of America to Pay $250 Million to Settle Lawsuits Over Inflated Commissions: Implications for Real Estate Market and Berkshire Hathaway

Warren Buffett's real estate brokerage, HomeServices of America, has agreed to pay a combined $250 million to settle multiple lawsuits alleging inflated commissions. The settlement comes after a jury in Missouri ordered the company to pay at least $1.8 billion in damages last year. HomeServices is owned by Berkshire Hathaway Energy, which is led by Buffett.

The settlement will bring competition to the real estate market and potentially lower home prices across the board. The exact terms of the agreement are still pending court approval.

HomeServices was one of several defendants in a class action lawsuit brought by home sellers who claimed they were forced to pay artificially high commissions. The National Association of Realtors (NAR) and other brokerages, including Anywhere Real Estate and RE/MAX, have already reached similar settlements.

HomeServices conducted $165.7 billion in sales volume in 2022, making it the second-largest real estate brokerage behind Compass. The company's brokers will now face increased competition from other firms looking to undercut their commissions.

The settlement represents a significant financial hit for Berkshire Hathaway, which owns 92% of Berkshire Hathaway Energy. HomeServices spokesperson Chris Kelly stated that the settlement is a 'sole obligation of HomeServices, with no participation by any parent entity.' The company will result in a $140 million after-tax accounting charge for Berkshire Hathaway.

The NAR agreed to settle nationwide antitrust litigation for $418 million last month. Analysts suggest that the changes could lower commissions by at least 25%. With HomeServices' settlement, the total damages paid by defendants in these cases now exceed $943 million.

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



Confidence

91%

Doubts
  • It's unclear how much impact the settlement will have on commissions and home prices
  • The exact terms of the settlement are still pending court approval

Sources

98%

  • Unique Points
    • HomeServices of America agreed to settle lawsuits over inflated commissions for $250 million.
    • HomeServices of America is owned by Warren E. Buffett’s Berkshire Hathaway Energy.
    • The settlement will introduce competition to the market for real estate commissions and potentially lower home prices across the board.
    • A jury in Missouri previously ordered HomeServices of America to pay at least $1.8 billion in damages.
  • Accuracy
    No Contradictions at Time Of Publication
  • Deception (100%)
    None Found At Time Of Publication
  • Fallacies (95%)
    The article contains an appeal to authority when it states 'Industry insiders have been anticipating the HomeServices settlement since March 15, when N.A.R., an influential trade group with 1.5 million members, agreed to settle the lawsuits that claimed the group had violated antitrust laws and had conspired to fix the rates that real estate agents charge their clients.' This statement implies that because industry insiders are anticipating the settlement, it must be significant or valid. However, this does not provide any evidence or logical reasoning for why this is true.
    • Industry insiders have been anticipating the HomeServices settlement since March 15, when N.A.R., an influential trade group with 1.5 million members, agreed to settle the lawsuits that claimed the group had violated antitrust laws and had conspired to fix the rates that real estate agents charge their clients.
  • Bias (100%)
    None Found At Time Of Publication
  • Site Conflicts Of Interest (100%)
    None Found At Time Of Publication
  • Author Conflicts Of Interest (100%)
    None Found At Time Of Publication

98%

  • Unique Points
    • Warren Buffett’s real estate brokerage, HomeServices of America, reached a $250 million settlement in nationwide antitrust litigation.
    • HomeServices is the last remaining defendant in the case against the National Association of Realtors (NAR) and four brokerages.
    • HomeServices spokesperson Chris Kelly stated the settlement represents ‘a sole obligation of HomeServices, with no participation by any parent entity’
    • HomeServices will result in a $140 million after-tax accounting charge for Berkshire Hathaway
  • Accuracy
    • The settlement eliminates the risk of a much higher payout after a jury awarded $1.78 billion in damages to home sellers.
    • The settlement shields HomeServices and its brands, agents and franchisees from similar litigation.
    • A federal jury in Missouri ordered HomeServices, NAR and others to pay nearly $1.8 billion in damages in October 2021.
  • Deception (100%)
    None Found At Time Of Publication
  • Fallacies (100%)
    None Found At Time Of Publication
  • Bias (100%)
    None Found At Time Of Publication
  • Site Conflicts Of Interest (100%)
    None Found At Time Of Publication
  • Author Conflicts Of Interest (100%)
    None Found At Time Of Publication

95%

  • Unique Points
    • Warren Buffett's real estate brokerage is paying $250 million over commission lawsuits.
  • Accuracy
    No Contradictions at Time Of Publication
  • Deception (100%)
    None Found At Time Of Publication
  • Fallacies (100%)
    None Found At Time Of Publication
  • Bias (100%)
    None Found At Time Of Publication
  • Site Conflicts Of Interest (100%)
    None Found At Time Of Publication
  • Author Conflicts Of Interest (0%)
    None Found At Time Of Publication

97%

  • Unique Points
    • Warren Buffett’s real estate company, HomeServices of America, will pay $250 million to settle lawsuits over alleged inflated broker commissions.
    • HomeServices had been a major holdout after several other brokerages agreed to settle.
    • The real estate industry has now agreed to pay over $1.393 billion in total to make the lawsuits go away.
  • Accuracy
    No Contradictions at Time Of Publication
  • Deception (100%)
    None Found At Time Of Publication
  • Fallacies (85%)
    The article contains an appeal to authority and inflammatory rhetoric. It states that HomeServices of America agreed to pay $250 million to settle lawsuits without mentioning the specific reasons why this was necessary or the details of the lawsuits. The author also uses inflammatory language when describing Warren Buffett's Berkshire Hathaway as a
    • a major holdout after several other big brokerage operators... agreed to settle.
  • Bias (100%)
    None Found At Time Of Publication
  • Site Conflicts Of Interest (100%)
    None Found At Time Of Publication
  • Author Conflicts Of Interest (100%)
    None Found At Time Of Publication

97%

  • Unique Points
    • HomeServices of America agreed to pay $250 million to settle lawsuits related to an alleged illegal conspiracy to keep commissions high.
    • The settlement amount brings the total damages from the Sitzer | Burnett lawsuit to $876.5 million.
    • HomeServices is the last major brokerage named in the class action lawsuit to reach a settlement agreement, following Anywhere Real Estate, RE/MAX, and the National Association of Realtors.
    • HomeServices brokers conducted $165.7 billion in sales volume in 2022, second only to Compass.
    • Compass was named in other cases known as Umpa and Gibson and reached its own settlement agreement last month, agreeing to pay $57.5 million.
  • Accuracy
    • A jury in Missouri previously ordered HomeServices of America to pay at least $1.8 billion in damages.
  • Deception (100%)
    None Found At Time Of Publication
  • Fallacies (95%)
    The article contains an appeal to authority fallacy when it states 'Robert A. Braun, a partner at the law firm Cohen Milstein Sellers & Toll, which represented plaintiffs in a case known as Moehrl, said'. This statement implies that because Mr. Braun is a partner at a law firm and represented plaintiffs in another case, his opinion on the importance of the settlements is valid without any further evidence or reasoning provided.
    • Robert A. Braun, a partner at the law firm Cohen Milstein Sellers & Toll, which represented plaintiffs in a case known as Moehrl, said
  • Bias (100%)
    None Found At Time Of Publication
  • Site Conflicts Of Interest (100%)
    None Found At Time Of Publication
  • Author Conflicts Of Interest (0%)
    None Found At Time Of Publication