HomeServices Loses Appeal to Arbitrate Home Sellers’ Fee Claims

HomeServices of America Inc. lost its appeal to force into arbitration a class of home sellers alleging a fee-rigging conspiracy after the Eighth Circuit said the real estate services company isn’t party to the plaintiffs’ arbitration agreements.

The Berkshire Hathaway Inc. subsidiary can’t enforce arbitration agreements that unnamed class members executed with affiliated brokerages, the US Court of Appeals for the Eight Circuit ruled Wednesday. The appeals court upheld a 2022 decision from Judge Stephen R. Bough of the US District Court for the Western District of Missouri.

The class includes home sellers who listed their homes on a multiple ...