Berkshire Hathaway Energy remains liable in commission lawsuit despite subsidiary’s $250 million settlement

Berkshire Hathaway Energy must face trial in the Gibson lawsuit over alleged inflated real estate commissions, even though its subsidiary HomeServices of America already paid $250 million to resolve similar claims. The U.S. District Court for Western Missouri ruled that the parent company cannot claim immunity just because its subsidiary settled. Judge Stephen R. Bough rejected the argument that Berkshire Hathaway Energy and HomeServices of America are a single economic entity, noting the logic cuts both ways. In the earlier Sitzer/Burnett case, HomeServices had insisted the $250 million settlement was fair precisely because its parent companies had no legal duty to cover its liabilities — meaning the deal was structured to protect Berkshire Hathaway Energy from assuming those costs. That same separation now prevents BHE from being shielded by the settlement. As a result, the holding company remains exposed to further financial liability. Nine brokerages, including Compass and Redfin, received final approval for their settlements in late 2024 and 2025, followed by others including eXp and Weichert through a related case. BHE is now one of the last major holdouts still facing unresolved claims. The court’s decision preserves the possibility of additional damages tied to the national scrutiny of real estate commission structures.