Tenth Circuit upholds dismissal of Homie antitrust lawsuit

A lower court’s decision to dismiss Homie Technologies’ antitrust lawsuit against the National Association of Realtors (NAR), Anywhere Real Estate, HomeServices of America and REMAX was reaffirmed by the Tenth Circuit Court of Appeals. 

In a ruling on Tuesday, the appeals court judges wrote that “Homie has not plausibly alleged that the challenged [NAR] rules were a conspiracy to exclude competitors from the Utah real estate market.” 

“As a result, neither the boycott actions of individual NAR members nor the NAR’s reissuance and enforcement of the rules constituted a continuing conspiracy,” the ruling stated. “Homie’s claim is therefore untimely. We affirm the district court’s judgment.”

Originally filed in mid-August 2024, the lawsuit alleges that Homie was harmed by the anticompetitive practices of NAR and the brokerage defendants. In the complaint, Homie claimed it filed the suit to “recover the damages … suffered as an excluded competitor foreclosed by the Defendants’ conduct from effective competition in the relevant market.”

Homie charged sellers a flat fee to list their property on the MLS. While Homie sellers typically offered buyer agent compensation, the firm said these amounts were usually lower compared to offers by sellers working with traditional brokers. Due to this, Homie alleges that local brokers and agents boycotted Homie and its listings, contributing to some of its financial distress.

Through its lawsuit, Homie challenged five rules including NAR’s Clear Cooperation Policy (CCP) and now defunct Participation Rule.

Initially, the suit had also named Utah-based Wasatch Front Regional MLS (WFRMLS) and Keller Williams as defendants, but both were previously voluntarily dismissed from the suit with prejudice by Homie. The remaining defendants were dismissed from the suit through a July 2025 ruling by District Court Judge Dale Kimball. However, Homie filed an appeal of this ruling in August 2025. 

In his ruling, Judge Kimball wrote that not only did Homie not present enough evidence of the alleged conspiracy to boycott low commission listings, it also did not file its complaint within the four-year window for antitrust claims.

In the appeal, Homie argued that it had presented adequate evidence of antitrust violations and that its claims were within the statute of limitations. 

In an emailed statement, an NAR spokesperson told HousingWire that the trade group was “pleased” with the appeals court’s decision. 

“NAR facilitates local real estate marketplaces that provide fair and equal access to property information, foster competition, and empower NAR members to serve clients on their homebuying and selling journeys,” the spokesperson added.

Homie did not immediately return HousingWire’s request for comment.