Misclassifying employees as independent contractors is also a common scam. It's done to avoid paying payroll taxes, workers compensation insurance, and paying into the unemployment compensation system.
You can say no to commission.
The buyer can pay his own agent out of his pocket though he will probably offer you less to cover it.
You are probably going to be contacted by buyer agents anyway. They will attempt to negotiate the commission with you or charge a fee to their client.
Just be...
If you already know the law, why are you here?
Don't spout law to us if you haven't asked for the money.
Ask for the money and spout the law to your former employer where it's likely to do more good than it would do you spouting it here.
You could report them to the state licensing board but I doubt that it would do any good, or even do them any harm. What they did may have been slimy but they didn't cross any lines, just made a shrewd business decision and the seller was desperate for the money. It's that simple.
The only...
Unethical - maybe. But if they aren't licensed realtors there's nothing anybody can do about it.
Illegal - No.
Recourse - None. Not for you anyway.
Probably not for her either. She was made an offer. She took it. That's it.
BTW,
Unenforceable.