Notwithstanding any other provision of law to the contrary, for the sale of residential real estate, no fee, including a buyer's premium, may be charged to a third-party bidder or purchaser who is not a party to the case at the sale of real estate under this Article beyond the winning bid amount to cover an expense of conducting the sale.
15-1510.1.Third-party purchaser fees and costs.
Article XV. Mortgage Foreclosure · Part 15. Judicial Foreclosure Procedure · Last amended 2025 · Last verified July 20, 2026
In one sentenceSection 15-1510.1 bars charging a third-party bidder or purchaser at a residential foreclosure sale any fee, including a buyer's premium, beyond the winning bid amount to cover sale expenses.
Full Text of 735 ILCS 5/15-1510.1
Plain-English Summary
Section 15-1510.1 protects outside bidders at foreclosure sales of residential real estate from add-on charges. Notwithstanding any other law, no fee -- including a buyer's premium -- may be charged to a third-party bidder or purchaser who isn't a party to the case, beyond the winning bid amount, to cover an expense of conducting the sale.
The rule targets who pays for running the sale: those costs, and any fees tied to them, can't be passed along to an outside purchaser on top of the bid price. It sits alongside Section 15-1507.2's separate cap on the fee that may be charged for conducting a sale online.
Frequently Asked Questions
Can a residential foreclosure sale charge a buyer's premium to a third-party purchaser?
No. Section 15-1510.1 bars charging any fee, including a buyer's premium, beyond the winning bid amount to cover an expense of conducting the sale.
Who does this fee ban protect?
A third-party bidder or purchaser who is not a party to the foreclosure case.
Does this Section apply to commercial as well as residential property?
The text specifically addresses the sale of residential real estate under this Article.
How does this Section relate to the online-sale fee cap in Section 15-1507.2?
Section 15-1507.2 separately caps the additional fee that may be charged for conducting a sale online at $400 for residential property, absent higher court approval.
Can other expenses of conducting the sale still be recovered?
The prohibition specifically targets fees charged to a third-party bidder or purchaser beyond the winning bid amount; it doesn't address how sale expenses are otherwise allocated among the parties to the case.
Amendment History
(Source: P.A. 103-930, eff. 1-1-25.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: illinois foreclosure buyer's premium banthird party bidder fees foreclosure illinoisextra fees at foreclosure auction illinois