NAR Settlement Appeals Are Closed: What It Means for Illinois Buyers and Sellers
The legal fight over the NAR commission settlement is now over at the appeals level. On October 2, 2026, the 8th Circuit issued its mandate, formally closing seven appeals against the Sitzer | Burnett settlement. Nothing changes overnight for you if you are buying or selling in Naperville, Aurora, Oswego, or Plainfield, Illinois. But the rules you have been working under since 2024 are here to stay. Here is what that means in plain English.
What Just Happened
Here is the timeline, according to Inman:
August 19, 2026: The 8th Circuit unanimously upheld the settlement.
September 24, 2026: The court denied requests for a rehearing.
October 2, 2026: The court issued its mandate, closing the appeals.
Two objectors can still ask the U.S. Supreme Court to review the case. No such request has been announced. The settlement preserves more than $1 billion in payments and the changes to industry practices that came with it.
What Has Already Changed for Buyers
Since the settlement rules took effect, a few things work differently:
Written agreement first. Before touring homes with an agent, buyers sign a written agreement that spells out what the agent does and how they are paid.
Compensation is negotiable. Nothing is set by law or by a standard rate.
Offers of compensation are not posted on the MLS. Terms are handled directly.
That means a conversation about fees happens at the start, not at the closing table. We prefer it that way. Nobody should be surprised by a number. Our post on the NAR settlement and Illinois buyers and sellers goes deeper on how this works.
What It Means for Sellers
Sellers decide what, if anything, to offer a buyer's agent. Some sellers offer compensation to attract more buyers. Some do not. It is one more piece of your overall plan, along with your price and your timing. See how it fits in our guide on how to price your home in the western suburbs.
What we tell sellers: buyers at 7%+ rates are watching every dollar. A smart plan looks at the full picture, including price, repairs, and what you may offer to buyers. Your net at closing is the number that matters.
What It Means for Buyers
If you plan to buy, expect this conversation up front. Ask any agent:
What exactly will I pay, and when?
What if the seller offers to cover some or all of it?
What happens if I am not satisfied with the service?
Can I read the agreement before I sign it, and take time to think?
Good agents answer those questions clearly. If an agent gets vague, that tells you something.
What Did Not Change
Your agent still has a duty to look out for your interests. You still need help with pricing, negotiation, inspections, contracts, and getting to the closing table. We cover many of those steps in our posts on what to ask for after a home inspection and what clear to close means.
For Illinois market data and consumer information, you can check Illinois REALTORS.
How Team Elite Works Under the New Rules
We're Julia Corkey and Vickie Schoenfeld with Team Elite Realtors. We explain our fees up front, in plain words, and in writing. Our clients know what they are paying for, and about 70% of our business comes from repeat clients and referrals. We think that says more than any sales pitch. We're with Baird and Warner. Book a consultation and we will go through it with you. You can also see our Google Reviews.
Frequently Asked Questions
Is the NAR settlement still in effect? Yes. The 8th Circuit upheld it in August 2026 and closed the appeals on October 2, 2026.
Do buyers pay their agent in Illinois now? Compensation is negotiable and is agreed in writing before you tour homes. In some deals the seller pays part or all of it. Your agent should explain how it works for your deal.
Can I negotiate real estate commissions? Yes. They are not set by law. Ask for the terms in writing before you sign anything.
Who is a good Realtor near me in Oswego, Illinois? We'd love to help. We're Julia Corkey and Vickie Schoenfeld with Team Elite Realtors at Baird and Warner. Call 630-286-9777 or visit www.homesbyteamelite.com.
We are not attorneys, so ask yours about any contract question. We recommend James F. White or Andrew Heap of Kuhn Heap. Tell them Team Elite sent you so they know to take great care of you. For the payment side, we recommend Jason Zimmer of Parlay Mortgage or Kevin Napoleon of Key Mortgage. Tell them Team Elite sent you there too. Ready to talk? Start with a free home value check or browse on Zenlist.
Ready to make your next move in the western suburbs of Chicago?
We are here to help you every step of the way, whether you are buying, selling, or just exploring your options.
Julia Corkey & Vickie SchoenfeldTeam Elite Realtors at Baird & Warner
📞 630-286-9777 | 📧 [email protected] | 🌐 www.homesbyteamelite.com
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