-FLORIDA MORTGAGE BROKER RESPONDING..
I am likely the one of the most well informed people in the country on the subject of Realtor Rebates.
Therefore, I'd have to say yes, likely illegal in that situation.
US Dept. of Justice: Read about this available savings offered to consumers in 40 states
Florida Real Estate Commission: (FREC): Rule 61J2-10.028 paragraph (2) The sharing of brokerage compensation by a licensee with a party to the real estate transaction (i.e. the buyer or seller) with full disclosure to all interested parties (on sales contract) is not considered a violation