Key facts
- The Tenth Circuit Court of Appeals upheld the dismissal of Homie Technologies' antitrust lawsuit.
- Homie alleged that NAR rules and brokerage actions constituted a conspiracy to exclude competitors.
- The court ruled that Homie did not plausibly allege a continuing conspiracy.
- The appeals court found Homie's claims to be untimely.
- Homie had previously dismissed Wasatch Front Regional MLS and Keller Williams from the suit.
The Tenth Circuit Court of Appeals has affirmed a lower court's decision to dismiss an antitrust lawsuit filed by Homie Technologies against the National Association of Realtors (NAR), Anywhere Real Estate, HomeServices of America, and REMAX. The appeals court judges stated that Homie failed to plausibly allege that the challenged NAR rules constituted a conspiracy to exclude competitors from the Utah real estate market.
In their ruling, the judges noted that neither the boycott actions of individual NAR members nor the NAR's reissuance and enforcement of rules amounted to a continuing conspiracy, rendering Homie's claim untimely. The lawsuit, originally filed in mid-August 2024, alleged that Homie suffered damages as an excluded competitor due to the defendants' anticompetitive practices.
Homie charged sellers a flat fee for property listings, typically offering lower buyer agent compensation compared to traditional brokers. The company claimed this led to boycotts by local brokers and agents, contributing to its financial difficulties. Homie challenged several NAR rules, including the Clear Cooperation Policy (CCP) and the now defunct Participation Rule.
Initially, the suit also named Wasatch Front Regional MLS (WFRMLS) and Keller Williams, but they were voluntarily dismissed. District Court Judge Dale Kimball had previously dismissed the remaining defendants, ruling that Homie lacked sufficient evidence of a conspiracy and had not filed within the four-year statute of limitations for antitrust claims. Homie appealed this judgment in August 2025, arguing it had presented adequate evidence and its claims were within the statute of limitations.
A spokesperson for NAR expressed satisfaction with the appeals court's decision, stating that NAR facilitates local real estate marketplaces that ensure fair access to property information and foster competition.