To the HAR MLS Advisory Group and HRIS Board of Directors,

We, the undersigned members of the Houston Association of REALTORS® (HAR), hereby submit this formal petition to request reconsideration and immediate clarification of the newly implemented MLS rule regarding missed showing appointments.

While we understand the rationale behind this policy—to promote professionalism and reduce consumer frustration—it has generated widespread concern among buyer agents and team leaders across the market. We believe the current language and enforcement framework are procedurally flawed, selectively enforced, and introduce significant risk of unintended penalties, especially for agents operating with integrity and high volume. we believe the current structure creates unintended consequences that disproportionately affect buyer agents, encourages adversarial reporting practices, and lacks necessary safeguards to ensure fair and consistent application.

I. Concerns Around Enforcement and Operational Burden on Buyer Agents

• While HAR has indicated that buyer agents may submit text messages or emails as evidence to refute a violation, the current process places the entire burden of proof on the accused party—often after a complaint has already been filed.
• This reactive system lacks automation or preventive safeguards and requires buyer agents to retain and proactively organize communication records for every appointment, including those that are low-impact or self-canceled before arrival.
• There is no centralized portal or documentation system to confirm cancellations made through third-party showing services, meaning buyer agents using platforms outside of ShowingSmart are more likely to be at risk—even if they acted in good faith.
• Rather than promoting fairness, this structure discourages busy buyer agents from scheduling showings due to fear of dispute or investigation, which could ultimately harm sellers as well.

II. Ambiguity Regarding Vacant Property Enforcement

• HAR has stated that vacant properties are not subject to enforcement unless reported. However, this exemption is ineffective without an accurate, verifiable method for HAR to confirm vacancy status.
• For agents using ShowingTime or other third-party tools (which HAR cannot access), there is no way for the system to distinguish whether a listing is vacant or not.
• Even within HAR’s own ShowingSmart platform, listing agents can mistakenly input or omit occupancy status, causing confusion for cooperating agents and opening them up to wrongful enforcement despite best efforts to comply.

III. Enforcement Based Solely on Listing Agent Reports Encourages Subjectivity and Potential Abuse

• The rule only applies if a listing agent reports a violation, which creates an inherently subjective and inconsistent enforcement model.
• Without neutral third-party review or data validation prior to an investigation, agents can be targeted due to competitive dynamics, prior negotiation disputes, or personal bias.
• HAR currently has no screening process for report validity, which opens the door for retaliatory or baseless claims that may damage reputations and consume valuable time and energy defending against unwarranted complaints.

IV. Disproportionate Burden on Buyer Agents and Teams

• Buyer agents and showing teams often schedule back-to-back appointments across wide service areas. Delays, weather issues, and evolving client preferences are daily realities.
• This rule imposes an additional compliance layer that penalizes them for scenarios that are logistically unavoidable and often resolved through direct communication.
• In the case of vacant listings, there is no client harmed and no access delay—yet enforcement is still permitted if a complaint is made.

V. Risk to Professional Culture and Cooperation

• The rule encourages agents to police one another instead of fostering communication and mutual understanding. This undermines a cooperative culture built on trust and shared goals.
• Many agents now express hesitation in scheduling showings on listings from certain agents or brokerages due to concerns about being unfairly reported, which ultimately affects seller exposure and transaction velocity.

VI. Advisory-Only Rulemaking Lacks Full Member Representation

• While the MLS Advisory Group and HRIS Board are composed of REALTORS®, the decision-making body for this rule did not include direct input or a vote from HAR’s full paying membership.
• Rules of this magnitude—especially those tied to potential penalties—should not be decided solely by a select group. We request that all future rule changes affecting conduct or compliance be submitted to a full HAR membership vote to ensure equity and transparency.

VII. Request for Immediate Action

We respectfully call on HAR leadership to take the following steps:

1. Suspend enforcement of the missed showing rule until a comprehensive and transparent review is conducted;
2. Subject future conduct-related rules to a membership-wide vote, ensuring full representation of HAR’s diverse agent base;
3. Clearly define and limit enforcement parameters, including:
   • A formal exemption for vacant properties, unless falsely listed as occupied;
   • Protections for showings canceled in good faith with short notice;
   • Published definitions of what constitutes a violation, with consistent, evidence-based criteria for enforcement;
4. Implement a proactive communication tracking system, integrated into all showing platforms, to avoid post-report disputes;
5. Establish a formal appeals process with fair timelines and impartial review, ensuring agents are not penalized without proper context and evidence.

Conclusion

We remain committed to HAR’s mission of professional excellence and system integrity. However, this rule—as currently structured—fails to offer the clarity, fairness, and protection that all agents deserve. We urge HAR to pause enforcement, broaden member input, and work toward a revised rule that balances accountability with common sense and modern real estate realities.

Respectfully submitted,

HAR members who oppose this new rule change