Post #4379 by mungofitch on the Berkshire Hathaway board

Stocks A to Z / Stocks B / Berkshire Hathaway (BRK.A) ❤

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Here's a brief passage from a New York Times article on the case. ...

That does sound like a description of the basic MLS commission splitting rule.
If that is deemed unlawful, that sure would throw a monkey wrench into the whole industry.
A much bigger issue for the value of HomeServices / BH than just the cost of this judgment.

I wonder if there is a way around it.
For example, maybe they change the commission splitting agreement so that the selling agent gets the whole commission agreed with the owner, but then by virtue of being an MLS member is separately committed to paying the closing agent some portion of that.
Then there is no intimation that the seller is being forced to pay anything, to anyone, not already explicitly agreed to--which sounded like the nub of the case.

Jim

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