Tenth Circuit Affirms Dismissal of Homie Technologies Antitrust Lawsuit Against NAR and Brokerages

The Tenth Circuit Court of Appeals has definitively upheld the dismissal of an antitrust lawsuit initiated by Homie Technologies, a real estate technology company, against the National Association of Realtors (NAR), a powerful trade association representing real estate professionals, and several prominent brokerage firms including Anywhere Real Estate, HomeServices of America, and RE/MAX. In a ruling delivered on Tuesday, the appellate judges meticulously examined Homie's allegations and concluded that the company had not "plausibly alleged that the challenged [NAR] rules were a conspiracy to exclude competitors from the Utah real estate market." This crucial finding means that Homie failed to demonstrate a coordinated effort by the defendants to stifle competition.

The court further elaborated that neither the alleged "boycott actions of individual NAR members nor the NAR’s reissuance and enforcement of the rules constituted a continuing conspiracy." This indicates that the court viewed the actions of individual agents and the NAR's rule-making as separate and not part of a unified, ongoing plot to harm Homie. Consequently, the appeals court determined that Homie's claims were "untimely," meaning they were brought too late to be legally viable under the relevant statutes of limitations. The Tenth Circuit therefore affirmed the district court’s original judgment, effectively ending Homie's legal challenge at this level.

The original lawsuit was filed by Homie Technologies in mid-August 2024. The company, which aimed to disrupt traditional real estate models with a flat-fee listing service, alleged that it had suffered significant financial harm as a direct result of the anticompetitive practices employed by NAR and the named brokerage defendants. Homie's core contention was that these practices foreclosed it from "effective competition in the relevant market," thereby preventing it from achieving its business objectives and causing substantial damages. Homie's business model involved charging sellers a fixed fee to list their properties on the Multiple Listing Service (MLS), a critical database for real estate agents. While Homie sellers typically did offer compensation to buyer agents, the company asserted that these offers were generally lower than those customarily extended by sellers working with conventional brokers. Homie argued that this disparity led to a de facto boycott by local brokers and agents who, in turn, allegedly shunned Homie's listings, contributing to the company's financial distress and hindering its growth.

Homie's legal complaint specifically targeted five rules promulgated by the NAR, including the widely discussed Clear Cooperation Policy (CCP), which mandates that listings must be published on the MLS within a specified timeframe, and the now-defunct Participation Rule. Initially, Homie had also included Utah-based Wasatch Front Regional MLS (WFRMLS), a regional MLS provider, and Keller Williams, a large real estate franchisor, as defendants. However, Homie later voluntarily dismissed both of these parties from the lawsuit with prejudice, meaning they cannot be sued again on the same claims. The remaining defendants were subsequently dismissed by U.S. District Court Judge Dale Kimball in a ruling issued in July 2025. Homie then pursued an appeal of Judge Kimball's decision in August 2025, leading to the current affirmation by the Tenth Circuit. This outcome reinforces the lower court's determination that Homie's allegations did not meet the legal threshold for an antitrust conspiracy claim under federal law, particularly concerning the requirement to demonstrate a concerted action among competitors.