Key Takeaways
- In Florida, the party who chooses the title company depends on county customs and negotiation.
- In South Florida, the buyer typically chooses the title company, while in many Central and North Florida counties, the seller selects.
- The purchase agreement ultimately decides who makes the choice.
- Selecting the right title company is critical for protecting interests, ensuring smooth closings, and managing escrow and title insurance.
- The Title Haus provides attorney-backed expertise to safeguard Florida real estate transactions.
Who Chooses the Title Company in Florida (Buyer vs. Seller)?
When buying or selling real estate in Florida, one of the earliest questions that arises is: who chooses the title company— the buyer or the seller? This decision affects not only the closing process but also who pays certain fees and how smoothly the transaction moves forward.
Understanding how this works in Florida can help both parties enter negotiations with confidence.
Understanding the Role of the Title Company
Before diving into who chooses, it’s important to know what a title company does. Their responsibilities include:
- Conducting a title search to ensure ownership is clear
- Issuing title insurance policies
- Managing escrow funds
- Preparing and reviewing closing documents
- Recording the deed after closing
Since the title company safeguards both sides of the deal, the party that chooses them may feel they have more control over the process.
General Rule: It’s Negotiable
Florida law does not mandate who must choose the title company. Instead, this detail is written into the purchase agreement. Both parties can negotiate, and the final choice is legally binding once the contract is signed.
County Customs in Florida
While it’s negotiable, many Florida counties have long-standing customs:
- South Florida (Miami-Dade, Broward, Palm Beach)– Buyers typically choose the title company.
- Central and North Florida– Sellers often select the title company.
- Other counties– Practices may vary depending on local real estate traditions.
Understanding your region’s custom helps set expectations during negotiations.
Buyer’s Perspective: Why Buyers May Want to Choose
From the buyer’s point of view, choosing the title company provides peace of mind. Benefits include:
- Ensuring impartiality with a trusted provider
- Selecting a company that offers owner’s title insurance guidance
- Feeling confident that escrow funds are managed securely
In competitive markets, buyers may give sellers the right to choose as part of their negotiation strategy.
Seller’s Perspective: Why Sellers May Want to Choose
Sellers often prefer to choose the title company for reasons such as:
- Familiarity with a company they’ve used in past transactions
- Having more control over the closing timeline
- Customary practice in their county
Since sellers often want to close quickly, selecting a company they trust can help avoid unnecessary delays.
Who Pays the Title Company Fees?
In Florida, the party that chooses the title company often pays for the owner’s title insurance policy. For example:
- In counties where buyers pick, buyers typically pay.
- In counties where sellers pick, sellers usually cover the costs.
This is another reason why the decision carries weight during negotiations.
The Role of the Purchase Agreement
No matter the custom, the purchase agreement rules. If buyer and seller agree on who chooses the title company, that agreement is enforceable. Real estate agents and attorneys often guide their clients in deciding how to address this in the contract.
How to Negotiate This Choice
Negotiating who chooses the title company can be part of broader discussions on closing costs, purchase price, or concessions. Buyers may agree to let sellers choose in exchange for other financial benefits, and sellers may allow buyers to choose if it helps secure the deal.
Why Choosing the Right Title Company Matters
No matter who chooses, the quality of the title company is what truly matters. A reliable company ensures:
- Accurate and efficient title searches
- Clear communication with all parties
- Proper handling of escrow funds
- A smooth and stress-free closing
Attorney-Backed Title Companies Provide Extra Security
Not all title companies are the same. Choosing one backed by attorneys, like The Title Haus, ensures legal oversight at every stage. This is especially important in complex transactions, disputes, or commercial closings.
Choose The Title Haus for Your Florida Closing
Whether you are the buyer or seller, the title company you work with can make a huge difference in your closing experience. At The Title Haus, we combine legal expertise with client-focused service to protect your interests every step of the way.
Our attorney-backed team provides thorough title searches, secure escrow management, and clear communication so your transaction closes smoothly and on time.
Contact The Title Haus todayand work with a Florida title company trusted by both buyers and sellers.
At Title Haus, we’re more than a title company — we’re a team built on integrity, collaboration, and a dedication to excellence. We value every team member and create an environment where ideas are welcomed, growth is encouraged, and your work makes a real difference.
Whether you’re an experienced title professional or new to the industry, you’ll have opportunities to develop your skills across a wide range of real estate transactions — from residential and commercial closings to specialized title services. We offer a flexible, client-focused culture with room to innovate and advance.
If you’re seeking meaningful work, professional growth, and a team that truly values your contribution, Title Haus is where you belong.
