Discount brokerage Homie Technology, Inc.’s appeal to reverse the dismissal of its lawsuit against the National Association of Realtors® (NAR)—as well as Anywhere, REMAX, Keller Williams and HomeServices of America—has been dismissed.
The U.S. Court of Appeals for the Tenth Circuit issued its judgement Tuesday, dismissing the appeal, with the Circuit judges stating in the filing that “Homie has not plausibly alleged that the challenged rules (from NAR) were a conspiracy to exclude competitors from the Utah real estate market.”
“As a result, neither the boycott actions of individual NAR members nor the NAR’s reissuance and enforcement of the rules constituted a continuing conspiracy,” the ruling continued. “Homie’s claim is therefore untimely. We affirm the district court’s judgment.”
Homie filed the appeal last August, following the dismissal of the lawsuit in July 2025.
In the dismissal ruling, Judge Dale A. Kimball said that Homie had not presented enough evidence of the alleged “conspiracy” by NAR and named brokerages to boycott low commission listings, and had missed the four-year window to sue for antitrust violations.
Homie’s appeal argued against this ruling, arguing that the company did in fact adequately allege antitrust violations, and that its claims were not outside of the time window because the company is “entitled to the continuing conspiracy exception to the statute of limitations.”
The lawsuit, originally filed in August 2024, claimed that when Homie stepped into real estate as a “disruptor” in 2015, it was met with “express and tacit boycotts” that involved real estate companies “steering buyers away from” its listings, directly challenging the Buyer-Broker Compensation Rule addressed in the Burnett case.
An NAR spokesperson said in a statement that the dismissal “now affirms the trial court’s well-reasoned ruling and brings this matter to a close.”
“This is an important legal victory, affirming NAR’s position,” the statement read. “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.”
Homie Technology could not be reached for comment.
