Do Buyers Still Pay Their Agent's Commission in Illinois?

By Ron and Tammy

The Wexler Group is a Chicago-area real estate leader with over 3,100 closed home sales and a reputation for delivering a consistent 5-Star experience by staying ahead of market trends so clients always come out ahead.

Every so often, we sit down with a seller who tells us, flat out, that they will not pay the buyer’s agent a dime. We get it. After the 2024 lawsuit and all the headlines that came with it, a lot of people walked away thinking the rules had completely flipped and that sellers were off the hook entirely. The reality is more useful than that, and once you see how it actually works, it stops feeling complicated.

Commissions didn’t go away. What the lawsuit really exposed was that agents had done a poor job explaining how they get paid on the buy side, and the fix was about making that part clear and putting it in writing. For years, the listing agent would quietly negotiate both their own commission and the buyer’s agent’s share with the seller, and the buyer’s agent got paid out of that. It worked, but nobody really walked the client through it. Now that conversation happens out in the open, upfront, and on paper.

The way we explain it to our own agents is simple: a buyer’s agent commission is no different from any other concession in a deal. If a buyer asks the seller to cover closing costs or leave the refrigerator, that gets negotiated. This is the same.

You can watch the full video, or use the timestamps below to jump to what matters most for your situation:

00:24 — The Lawsuit Explained
00:53 — The Old Way
02:01 — What Changed
03:34 — Commission Payments
06:37 — Seller Myths
07:42 — Start With Consultation
09:32 — Logic Before Emotion

If you’re selling, stop watching the commission number and start watching your bottom line. We honestly don’t care whether a buyer’s agent asks for 1% or 5%, as long as the price we negotiate gets you the net you want. We will fight that battle for you. If you’re buying, you and your agent agree on the number first, put it in writing, and build it into the offer, usually folded into the price so it’s not pulling from your down payment or your cash at closing. About ninety percent of the time, that’s exactly how it goes.

The part that hasn’t changed is this: no serious buyer should start without a real consultation first. We’ve done full consultations and buyer-broker agreements for almost fifteen years, long before any lawsuit made it a rule. Paperwork is logical, but buying a home is emotional, and the prenup goes better before the wedding than after. Handle the logical part first: the process, the costs, the commission, the contract, and then you’re free to fall in love with the right house while we fight to win it.

So don’t let the headlines talk you out of a move you want to make. If you’re thinking about buying or selling in the next 6 to 12 months, sit down with us now, before the pressure is on. Call or text us at 708-629-5151, email us at ron@thewexlergroup.com, or visit thewexlergroup.com.