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Homie Technologies is asking the 10th Circuit Court of Appeals to reverse the dismissal of its antitrust suit. In an opening brief filed on Wednesday, Homie outlined what it would like the appeals court to rule on in its appeal of its lawsuit against the National Association of Realtors (NAR), Anywhere Real Estate, HomeServices of America and RE/MAX.
If the dismissal is overturned and the case is remanded back to the lower court, it would again turn the spotlight to real estate agent commissions and NAR’s continued allowance for cooperative compensation among brokers on a transaction. It may also result in increased scrutiny on other NAR rules that some real estate industry players feel harm or stifle competition.
The history of the Homie lawsuit
Originally filed in mid-August 2024, the lawsuit alleges that Homie was harmed by the anticompetitive practices of NAR and the brokerage defendants.
In mid-July 2025, Judge Dale A. Kimball of the U.S. District Court in Utah dismissed Homie’s case, ruling that the claims were filed too late and that the company hadn’t shown a valid federal or state antitrust injury. The dismissal was “with prejudice,” meaning Homie can’t refile the same claims.
Homie appealed in early August 2025, arguing that the District Court got it wrong and that its original complaint met the legal requirements. Homie is asking the appeals court to reverse the lower court’s dismissal of the suit, which would reopen the lawsuit. While this would be a setback for the defendants, the suit could still be dismissed on summary judgement or settled before it potentially progressed to a jury trial.
Homie’s brief argues that the lower court misunderstood how the Sherman Act applies, saying the NAR’s rules — and other brokers’ agreement to follow them — amounted to coordinated action that violated antitrust law.
Additionally, Homie pushes back against the court’s claims that its ability to become one of the largest brokerages in the state and compete with national players prevented it from showing antitrust injury from NAR’s rules.
Looking ahead
As Homie looks ahead, it suggested that the appeals court hold oral arguments, which it said the court may find useful “given the complex and interrelated nature of the Sherman Act merits and statute of limitations issues, as it reviews a case with the potential to create a circuit split that would put this Court in a minority of one.”
In an emailed statement, an NAR spokesperson wrote that the lower court correctly decided to dismiss Homie’s complaint.
“Contrary to what Homie has suggested, its business was not impeded in any way by NAR’s policies. NAR facilitates 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,” the spokesperson wrote.
