In Florida, who chooses the title company depends on what the buyer and seller check off in their purchase contract, and that choice usually follows local custom. In most of the state, the seller picks and pays for the owner’s title policy. In Miami-Dade and Broward, the buyer picks and pays. Nothing in Florida law assigns the decision to one side, and the parties are free to negotiate it either way.
The FAR/BAR Contract Controls the Choice
The standard Florida Realtors/Florida Bar residential purchase contract sets out the decision in paragraph 9(c). Whichever box the parties check decides who designates the closing agent and who pays for the owner’s title insurance policy.1Florida Realtors. Residential Contract for Sale and Purchase (FloridaRealtors-FloridaBar-7)
- Option 9(c)(i): the seller designates the closing agent and pays for the owner’s title insurance policy, the title search, the municipal lien search, and the settlement fee. The buyer pays only for the lender’s title policy.
- Option 9(c)(ii): the buyer designates the closing agent and pays for the owner’s policy, the lender’s policy, and associated charges.
- Option 9(c)(iii): a regional provision written for Miami-Dade and Broward counties. The buyer designates the closing agent and pays all title insurance premiums. The seller’s contribution is limited to actual costs for a title search or continuation (capped at a negotiated amount, defaulting to $200 if left blank), a tax search, and a municipal lien search.
The party who “designates the closing agent” is the party choosing the title company. The contract is a form, not a statute, so the parties can pick any option or write in different terms during negotiation.
Regional Custom Across Florida
Most agents default to whatever is customary in their area, and the custom splits along a clear line.
Through most of Florida, including the I-4 corridor, the Panhandle, and the northeast, option 9(c)(i) is standard. The seller selects the title company and covers the owner’s policy. The reasoning is that the seller is the one proving they can deliver clean title, so the seller picks the company doing the work.
In Miami-Dade and Broward counties, the custom flips. Buyers choose the title company and pay for the owner’s policy under option 9(c)(iii). Some neighboring South Florida counties follow a similar buyer-pays pattern, though the exact convention can shift from one county to the next. If you are buying or selling near a regional boundary, ask your agent what applies locally, and treat the answer as a starting point for negotiation rather than a rule.
Can the Other Side Force You to Use Their Company?
No. Under RESPA Section 9, a seller cannot require, directly or indirectly, that a buyer purchase title insurance from a particular company as a condition of the sale whenever the purchase involves a federally related mortgage loan. A seller who violates the rule is liable to the buyer for three times the title insurance charges.2Office of the Law Revision Counsel. 12 U.S. Code 2608 – Title Companies; Liability of Seller
So even in a county where the seller traditionally picks and pays, a buyer with a strong preference has federal law to back up a counter-request. The practical consequence: the “custom” is a default agents reach for, not a limit on what the buyer can negotiate.
Watch too for referrals that come from your agent, lender, or builder. Federal regulations allow a settlement-service provider to refer you to an affiliated title company, but only if they give you a written disclosure explaining the ownership or financial connection and an estimated range of charges, and they cannot require you to use that provider.3eCFR. 12 CFR 1024.15 – Affiliated Business Arrangements If a referral comes without that disclosure, or arrives as pressure rather than a suggestion, you can decline and choose your own company.
You Are Not Choosing on Price
Title insurance premiums in Florida are set by state regulation, not by the title company. Every licensed company in the state charges the same base premium for the same coverage amount. A $100,000 owner’s policy costs exactly $575 whether it comes from a one-person office or the state’s largest underwriter.4Florida Department of Financial Services. Title Insurance Overview The rate is calculated on a tiered scale per thousand dollars of coverage, and the scale is the same statewide.5Legal Information Institute. Florida Administrative Code Rule 69O-186.003 – Title Insurance Rates
That changes what “choosing” actually means. You are not shopping for a lower premium, because you cannot get one. What you are comparing is service quality, settlement fees, communication, and how thoroughly the company runs its searches.
What to Compare When It’s Your Pick
Closing and settlement fees are not regulated, and they vary. Ask each company for an itemized breakdown rather than a single total, and compare line items. Some companies bundle charges into a flat fee that others break out separately.
Responsiveness matters more than buyers tend to expect. Closings involve constant back-and-forth with lenders, agents, and attorneys, and slow communication can push the closing date or put the deal at risk. A company that returns calls promptly and sends updates without being chased is usually worth more than a modest discount on settlement fees.
Ask about reissue credit. Florida’s rate schedule includes a lower reissue rate when the seller’s existing owner’s policy was issued less than three years before the new policy’s effective date. On a typical mid-priced home, the reissue rate can cut the owner’s policy premium by roughly 40%. The catch: the title company has to ask the seller for a copy of the prior policy. A diligent company will. A less attentive one may not, and you would pay full price without knowing a discount was available.5Legal Information Institute. Florida Administrative Code Rule 69O-186.003 – Title Insurance Rates
Ask how the company handles the municipal lien search. Unpaid water and sewer bills, open or expired building permits, code enforcement violations, and special assessment fees can follow the property to its new owner in Florida, and none of these appear in a standard county records search. A municipal lien search contacts city and county departments directly to uncover them. Not every company is equally diligent, so confirm the process includes outreach to the municipality for unrecorded obligations, not just a records pull.
Finally, favor experience with Florida closings specifically. Homestead exemptions, documentary stamp taxes, and the municipal lien problem create wrinkles that an inexperienced operation can miss. A seasoned Florida title company will flag reissue eligibility, run a real municipal lien search, and catch issues in the title search while there is still time to clear them before closing.