Chicago Tribune

A landmark jury verdict threatens to upend home buying and selling. In Illinois, changes are already underway

Kate Schumacher in her office at Baird& Warner on Nov. 13, 2023, in Algonquin.

In the 40 years Kate Schumacher has worked as a real estate agent, homebuyers have rarely compensated her directly. Instead, the seller has picked up the tab.

Yet, this year, the Baird & Warner agent based in Algonquin, Illinois, said she has already had two deals close where the seller did not cover all of her compensation: 2.5% of the selling price of the house. Both of her clients had to make up a .5% difference. One got the $1,315 covered by the seller in the closing costs, and the other paid Schumacher $3,575 in cash.

“We have more and more sellers that are not contributing as much toward the buyer’s agent compensation,” Schumacher said.

Schumacher has long had buyers enter into buyer agency agreements, the contract between the buyer and their agent that states how the buyer’s agent will be paid, guaranteeing a certain amount if the seller only partially compensates the buyer’s agent or doesn’t pay them at all.

Now, Baird & Warner and other local and nationalreal estate firms are encouraging agents to

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