Homie appeals dismissal of antitrust suit against NAR

The National Association of Realtors (NAR) may have been dismissed from three antitrust suits this summer, but it appears the plaintiffs in at least one of them aren’t quite ready to give up their fight. 

Plaintiff Homie Technologies filed a notice of appeal on Thursday, notifying the U.S. District Court in Utah that it was appealing Judge Dale A. Kimball’s judgement and order on the defendant’s motion to dismiss the antitrust lawsuit. The appeal is filed with the Tenth Circuit Court of Appeals.

In mid-July, NAR, Anywhere Real Estate, HomeServices of America and RE/MAX were dismissed from the suit with prejudice, meaning that Homie cannot file a suit with the same claims against these defendants. 

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.

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.

In his ruling, Judge Kimball not only dismissed Homie’s claims finding them time-barred, but he also found that Homie “failed to state a federal or state antitrust claim because it has not plausibly alleged an antitrust injury.”

In an emailed statement a NAR spokesperson wrote that the trade group felt that the lower court had correctly ruled on the suit.

“NAR will continue to facilitate 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. We will continue to make our case on appeal,” the spokesperson added.