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Who Pays for Title Insurance in Florida


It depends on how the buyer presents the offer to the seller (contract), the county in Florida where the home is located, the knowledge of the Realtor® presenting the offer, and how the deal was negotiated. All fees are negotiable. Real estate agents are often guiding buyers and sellers in their real estate decisions. Realtors® favor certain real estate contracts over others. Agents use the FARBAR “As-Is” contract at times over the FARBAR “Regular” contract. In cities like Tallahassee, Naples, and Jacksonville, they use different real estate contracts designed by their local Board of Realtors®. But there is one constant in Florida when it comes down to who pays for title insurance. Years ago, it became customary in Florida using deep-rooted local protocols to determine who was paying for the owner’s title policy.  In a nutshell and by protocol in Miami-Dade, Broward, Collier, Sarasota, and Nassau County, buyer pays for the owner’s title policy. In all other Florida counties sellers pay. Watch the video below to hear about these customs.

Who Pays Title in Florida by Area (Protocol)

The Real Estate Contract Guides the Title Company

Realtors® present real estate contracts to property owners or to their agents adhering to unwritten Florida title insurance protocols. This is so because Realtors® are experts in their local markets. Agents and their brokers conduct real estate with local customs in mind. Realtors® closely follow these unwritten rules about who pays for the owner’s title insurance policy. The real estate contract states whether the buyer or seller will pay for the owner’s title insurance policy along with other buyer and seller costs. All buyer and seller closing costs are stated in the real estate contract. Who pays for the Florida title insurance policy comes down to which county in Florida the home is located and through negotiations.



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