Homie Technologies is asking a federal appeals court to revive an antitrust lawsuit against the National Association of Realtors and several major real estate brokerages, extending a legal fight over industry rules that the discount brokerage says hindered its ability to compete.
The Utah-based company filed an appeal with the U.S. Court of Appeals for the 10th Circuit after a federal judge dismissed its case against NAR, Anywhere Real Estate, HomeServices of America and RE/MAX, according to HousingWire.
U.S. District Judge Dale A. Kimball dismissed the claims with prejudice in July 2025, concluding that Homie filed them outside the applicable limitations period and failed to plausibly establish the type of injury required to pursue federal or state antitrust claims, according to HousingWire. A dismissal with prejudice prevents Homie from simply bringing the same claims again in district court.
Homie is seeking to overturn that decision. In an opening appellate brief, the brokerage argued that the district court incorrectly applied antitrust law and improperly assessed its allegations at the dismissal stage, HousingWire reported. A reversal would send the dispute back to the lower court, although it wouldn’t guarantee that Homie would ultimately prevail.
The litigation stems from a complaint Homie filed in August 2024. The company alleged that rules maintained by NAR, together with conduct by established brokerages and agents, impeded its lower-cost business model and restricted competition. Homie challenged five industry policies, including NAR’s Clear Cooperation Policy and its former Participation Rule, according to HousingWire.
Homie’s model differed from that of many traditional brokerages because it charged sellers a flat fee to place homes on a multiple listing service. Its sellers generally offered compensation to agents representing buyers, but those offers tended to be lower than those associated with traditional brokerage arrangements, HousingWire reported. Homie alleged that agents and brokers responded by steering business away from the company and its listings, contributing to its financial difficulties.
The defendants disputed that account. In seeking dismissal, they argued that Homie’s allegations didn’t plausibly demonstrate an organized boycott and that the company had failed to connect the national brokerage defendants to coordinated efforts to avoid its listings, according to HousingWire. They also argued that the challenged rules were adopted too long before Homie’s lawsuit for its claims to be timely.
Kimball ultimately agreed that timing was a fundamental problem. Homie entered the market in 2015, while all but one of the NAR rules it challenged were already in effect, HousingWire reported. The newest policy at issue, the Clear Cooperation Policy, was adopted in 2019 — still more than four years before Homie filed its complaint. The court found that any exclusionary effects of the earlier rules would have been apparent when Homie entered the market.
The judge also concluded that the lawsuit would fall short even apart from the statute-of-limitations issue because Homie hadn’t plausibly alleged an antitrust injury, according to HousingWire.
Homie argues the analysis was flawed. Its appellate brief contends that NAR’s rules, coupled with agreements by brokers to follow them, amounted to coordinated conduct that can be challenged under the Sherman Act, HousingWire reported. The company also disputed the lower court’s reasoning that Homie’s success in becoming a significant Utah brokerage undercut its assertion that it suffered an antitrust injury.
NAR maintains that the district court reached the correct result. The trade group said Homie’s business wasn’t impeded by its policies and that its role is to support local real estate marketplaces with broad access to property information and competition, according to a statement reported by HousingWire.
The case has narrowed since it was originally filed. Homie initially sued Wasatch Front Regional MLS, which operates UtahRealEstate.com, and Keller Williams in addition to the remaining defendants. Homie later voluntarily dismissed both parties; Keller Williams was dismissed with prejudice, HousingWire reported.
The appeal leaves the 10th Circuit to consider not only whether Homie’s claims were filed in time but also whether its allegations are sufficient to establish an antitrust injury and coordinated conduct under federal law. Homie has requested oral argument, telling the appeals court that the intertwined Sherman Act and limitations questions warrant further consideration, according to HousingWire.
Source: HousingWire
