Legal Question in Real Estate Law in Illinois

Re: Commission Fee in Signed Contract

It sounds like you are being taken advantage of by your broker. First, you are correct. The listing agreement on the house you sold governs the contract, and if it's at 5% , she can't later change it unilaterally to 6%. And, unlike commercial property, there is no requirement to close that the parties obtain release of a broker's lein.

Second, on the house you are purchasing, there is absolutely no obligation to pay this person a broker's commission, unless you signed a second, separate document on the purchase. The fact that you were shown some houses "on spec" does not rise to a contract for you to pay the broker a commission in this case.

Third, you can complain long and loudly to the local board of realtors for this unethical, and illegal, conduct, particularly if she is going to try and hold up your closings.

I looked up Auburn, IL on the map, and you appear to be in an area where it is not customary to have an attorney handle your closings. If you do have one, I'd discuss this with him or her. If not, you should hire an attorney for the modest fee to insure that these closings go thru.

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Re: Commission Fee in Signed Contract

With all due respect, your Realtor is taking you for a ride. You should immediately hire an attorney to represent you. If you don't know an attorney, go to your local bar association and get a referral. There are LOTS of attorneys in Sangamon county.