Homie tries to revive antitrust case against NAR, top brokerages
The Utah-based flat-fee brokerage is challenging the mid-July dismissal of its lawsuit alleging anticompetitive behavior and steering.
Homie Technology is not finished with its court battle against the National Association of Realtors and four major brokerages.
In paperwork filed on Aug. 7 in the U.S. District Court in Utah, the flat-fee brokerage announced that it is appealing Judge Dale Kimball's mid-July decision to dismiss with prejudice allegations that include anticompetitive behavior and steering. The case will now go to the U.S. Court of Appeals for the Tenth Circuit.
For NAR, this revives one of three cases targeting the trade association that were dismissed this summer. The other two involved mandatory membership rules in Pennsylvania and Texas.
What the lawsuit is about: The case, which was initially filed last summer, involves allegations that the defendants — NAR, Anywhere Real Estate, Keller Williams, RE/MAX and HomeServices of America — conspired against Homie through a boycott scheme. Homie provided texts and emails that it claimed showed NAR members telling the company they would not show their clients Homie listings because the commissions were too low.
Why it was dismissed: Kimball dismissed the case with prejudice on July 15, which means Homie cannot file suit again based on the same allegations. In explaining his decision, Kimball said the statute of limitations had run out.
Kimball further said that Homie failed to establish the defendants' participation, noting that the discussions occurred among individual real estate agents and that their ties to NAR and the major brokerages were not sufficient to "suggest any Defendant agreed with any local agent to boycott Homie."