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Tenth Circuit affirms dismissal of Homie antitrust suit against NAR
The court said Homie failed to plausibly allege a conspiracy to exclude competitors and found the antitrust claims were untimely.
The Tenth Circuit upheld a lower court decision dismissing Homie’s antitrust lawsuit against the National Association of Realtors and major brokerage defendants, affirming that the complaint did not plausibly allege an unlawful conspiracy.
In its ruling, the appeals panel said Homie did not present enough facts to show a continuing conspiracy, including actions tied to boycott efforts by individual NAR members and NAR’s reissuance and enforcement of certain rules. The court also determined the claim was untimely.
Homie had filed the suit in mid-August 2024, alleging it was harmed by anticompetitive practices that excluded it as a competitor in Utah. The company said it operated a flat-fee model for sellers to list property on the MLS and claimed local brokers and agents boycotted Homie and its listings, contributing to financial distress.
HousingWire reports that the lawsuit challenged five NAR rules, including the Clear Cooperation Policy and a Participation Rule that is now defunct. After the district court dismissal in July 2025, Homie appealed in August 2025, and an NAR spokesperson said the trade group was pleased with the outcome.