Boycotting Listings? A Look at Homie’s Lawsuit Against NAR and Big Brokerages

Homie Technology, Inc. is the latest to file an antitrust lawsuit against the National Association of Realtors (NAR) and several major real estate firms. 

The complaint, filed in the U.S. District Court in Utah, is similar to lawsuits from home sellers. It alleges that these industry giants have violated antitrust laws, conspired to stifle competition, and maintained artificially high commissions. 

As a flat-fee brokerage, Homie also claims these organizations block new, innovative market entrants from disrupting the traditional real estate model—particularly those that offer services for lower commissions. In its filing, the brokerage included several alleged messages from real estate agents to showcase its argument. 

Let’s take a look. 

Homie’s Lawsuit

The lawsuit targets NAR, Anywhere Real Estate, Keller Williams Realty, HomeServices of America, RE/MAX and the Wasatch Front Regional Multiple Listing Service (WFRMLS) as defendants. 

Homie claims that NAR and its members have used control over the Multiple Listing Service (MLS) to create barriers that prevent new competitors from entering the market, ultimately harming both consumers and innovative companies. 

In a statement on its website, Homie wrote:

“Homie was founded on the belief that homeownership should be accessible and fair for everyone and since 2015, Homie has saved consumers $140 million in commissions. Our fight is about so much more than savings – It’s about every homebuyer and seller who’s had to endure a system that puts profits over people. By shining a light on these unjust practices, we’re not just hoping for change—we’re demanding it. We envision a real estate industry where fairness and equity are the standards, not the exceptions. We’re committed to building a future where the real estate market works for everyone, not just a privileged few.”

Did brokerage-affiliated agents steer clients away from Homie listings?

Homie’s lawsuit targets NAR’s Participation Rule, which is no longer in effect. While it was, though, Homie states it has messages from agents blatantly refusing to show Homie listings to clients unless they raised their buyer broker commissions. 

The following messages were allegedly received in the comment field of WFRMLS, which can be found on page 20 of the filing:

• “If you up the commission, I will bring my buyers. If not, I will not. It’s a disservice to your client. Please educate them. Please let them know that. I truly have a buyer that would possible [sic] buy this house. I won’t show it until the commission is raised.” 
• “Put a unit number and better directions on the listing. And. [sic] Get a key for the supra box. And bac [sic] at 3%.”  
• “I’m sure it would sell if you changed the BAC to 3%.”  
• “[R]aise Commission to 3%”

The complaint also showcases the following email:

“Hey Homie, 

“I just wanted to let you know that I feel you are doing your client a great disservice by offering just a $1000 BAC on this property at ____ in Lehi. I will be showing a client many homes in this area over the next few days all offering 2.5%-3% BAC and your listing would be one I would otherwise show them but because of your BAC offering which is laughable I will not be including your listing in what I choose to show them and I am certain I am not the only licensed professional who will be doing the same. It’s one thing to be willing to work for nothing on your end and provide limited services but to think that buyers agents out there will be willing to work for $500 or $1000 with all the time and effort we put into finding our clients the perfect home and helping them through the contract, negotiations, inspections, financing, closing, etc. is sad and unprofessional on your part and will most certainly lead to minimize market exposure for your client, longer time on the market and a lesser sales price than what they would get otherwise. I wouldn’t have an issue with Homie and would happily show your listings if you’d offer a fair and reasonable BAC but since you are not you won’t get a showing out of me unless a client specifically asks for one on your listings.”

And text message: 

“Hi Josh. I had your home on a list of 4 to show to my buyers tonight. Removed it from the list after I saw the 1.5% BBC [i.e., the buyer-broker commission]. I could always show it and then negotiate up the BBC in the contract but figured, why go through the hassle when we  have three other great listings paying 2.5-4%. Anyway. Please tell your sellers for me.”

Hence the reason the complaint refers to the now-defunct Participation Rule as the “Buyer Broker Compensation Rule.” 

While commissions have always been negotiable, Homie has multiple examples of agents allegedly insisting on 2.5%-3% buyer agent compensation—and refusing to show their clients the property until Homie did so. 

Homie also takes issue with NAR’s Clear Cooperation Policy, introduced five years ago (2019), saying it “tends to prevent the creation of rival listing networks that might arise to challenge the dominance of the NAR-affiliated MLS system.”

One of the defendants listed, Wasatch Front Regional Multiple Listing Service, operates UtahRealEstate.com, a popular local MLS and property search portal. 

Impact on Homie

Homie was once a prominent flat-fee brokerage, employing hundreds. Three years ago, in 2021, it had plans to hire 1,000 buy-side agents. 

The alleged commission-related steering amounted to what Homie calls a boycott of its listings, which ultimately resulted in layoffs. Earlier this year, Homie made the decision to move its agents to contractor status. Today, the company has only a handful of W2 employees. 

In its complaint, Homie claims that were it not for the defendants’ exclusionary policies and actions, it could have rivaled established real estate companies. 

Among the many antitrust complaints that have been filed against NAR and major brokerages over the past few years, Homie stands out as a business entity rather than a group of sellers, buyers, or real estate agents. 

As for the defendants’ responses, a NAR spokesperson gave the following statement:

“NAR’s goal is to promote local real estate marketplaces that provide fair and equal access to property information and promote competition while empowering REALTORS® to serve clients on their homebuying and selling journeys. We will respond to these claims in court.”

HomeServices Executive Vice Chair Chris Kelly refuted Homie’s claims of stifled competition, pointing to changes and new entrants to the industry that could have disrupted Homie’s plans for growth. Keller Williams and Anywhere have declined to comment. 

Read the full complaint below for more details. And stay tuned as we watch the case develop.