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Homie Technology, Inc. v. National Association of Realtors et al.
Filed
August 22, 2024
Jurisdiction
U.S. Court of Appeals for the Tenth Circuit (appeal from D. Utah, No. 2:24-cv-00616)
Plaintiff Firm
Dhillon Law Group; Fabian VanCott
Next Milestone
10th Circuit panel heard oral argument May 12, 2026 — judges expressed skepticism about Homie's per se theory. Decision expected within 3–6 months. District court dismissed with prejudice July 15, 2025 (Judge Dale A. Kimball).
Utah-based discount brokerage Homie Technology alleges that NAR's 'commission filter rule' — which allows agents to filter MLS listings by buyer-broker commission offered — constitutes a per se illegal conspiracy under the Sherman Antitrust Act, enabling traditional brokers to steer buyers away from low-commission listings and boycott discount brokerages.
First appellate test of whether NAR's commission filter rule is independently actionable as a Sherman Act conspiracy, separate from the buyer-broker commission rules addressed in the Sitzer/Burnett settlement. A 10th Circuit ruling for Homie would revive the case and signal that post-settlement NAR rules remain vulnerable to antitrust challenge. A ruling against Homie would confirm that the district court's per se rejection was correct. Closely watched by discount and flat-fee brokerages nationwide.
Complaint Filed
August 22, 2024Homie Technology files antitrust complaint in U.S. District Court for the District of Utah against NAR, Anywhere Real Estate, and other large brokerages
NAR Motion to Dismiss Filed
October 2024NAR and co-defendants move to dismiss, arguing no evidence of illegal conspiracy and that the commission filter rule is a legitimate MLS feature
Oral Argument on MTD
February 2025District court hears oral argument on the motion to dismiss
Dismissed with Prejudice
July 15, 2025Judge Dale A. Kimball dismisses all claims with prejudice, agreeing that NAR rules were adopted at latest before the limitations period and that Homie failed to plead a plausible per se conspiracy
Notice of Appeal Filed
August 22, 2025Homie files notice of appeal to the U.S. Court of Appeals for the Tenth Circuit
10th Circuit Oral Argument
May 12, 2026Three-judge 10th Circuit panel hears oral argument; judges express skepticism about Homie's per se Sherman Act theory for the commission filter rule
Category
NAR Commission AntitrustSettlement
$418 million
Buyer-broker commission rules
Category
NAR Commission AntitrustNAR's rules restrained competition targeting Homie's low-fee model; group boycott allegations
Category
NAR Commission AntitrustSettlement
$289.7 million total ($250M NAR + $39.7M brokerages)
MLS commission display rules. Settlement includes multiple tranches: NAR $250M (approved June 2025) and 5 additional brokerages $39.7M (approved Feb 2026): Howard Hanna $32M, William Raveis $4.1M, Windermere/Lyon $2.1M, EXIT Realty $1.5M
The 10th Circuit heard oral argument on May 12, 2026. A decision is expected between August and November 2026. Enter your email below and we'll notify you the moment the panel issues its ruling — no spam, one email per case update.
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