Who pays for title insurance in Florida?
The short answer
It depends on the county, and the purchase contract decides it in every case. By local custom the buyer pays for the owner’s policy in 4 counties — Broward, Collier, Miami-Dade and Sarasota — and the seller in 13, Palm Beach, Hillsborough, Orange and Duval among them. The lender’s policy is ordinarily on the borrower’s side. The premium is the same either way: it is promulgated statewide.
County by county
The custom is printed where it has been confirmed: by our team, or by at least two independent published sources naming that county. Each county page names its source and the date it was read. Where neither exists we say so rather than repeat a chart, because the published charts disagree with each other.
4 buyer, 13 seller, 1 varying within the county, and 49 not yet confirmed. On a file in any of them, ask us and we will tell you what we are seeing.
Custom is not law
Custom is the starting point, not a rule. The purchase contract decides who pays for the owner’s policy, and in a negotiated deal either side can end up paying, so read the contract before assuming which line it falls on.
What the owner’s policy costs
The same in every county. The premium comes off the schedule the Office of Insurance Regulation promulgates by rule, and the Florida title insurance calculator works it out for a specific price, with the lender’s policy beside it. What each side pays at the closing, line by line, is on the buyer and seller closing cost pages.
Common questions
Who pays for title insurance in Broward County?
By local custom, the buyer pays for the owner’s policy in Broward County. Custom is not law: the purchase contract decides it, and in a negotiated deal either side can end up paying.
Who pays for title insurance in Palm Beach County?
By local custom, the seller pays for the owner’s policy in Palm Beach County. Custom is not law: the purchase contract decides it, and in a negotiated deal either side can end up paying.
Who pays for title insurance in Miami-Dade County?
By local custom, the buyer pays for the owner’s policy in Miami-Dade County. Custom is not law: the purchase contract decides it, and in a negotiated deal either side can end up paying.
Who pays for title insurance in Hillsborough County?
By local custom, the seller pays for the owner’s policy in Hillsborough County. Custom is not law: the purchase contract decides it, and in a negotiated deal either side can end up paying.
Who pays for title insurance in Orange County?
By local custom, the seller pays for the owner’s policy in Orange County. Custom is not law: the purchase contract decides it, and in a negotiated deal either side can end up paying.
Who pays for title insurance in Duval County?
By local custom, the seller pays for the owner’s policy in Duval County. Custom is not law: the purchase contract decides it, and in a negotiated deal either side can end up paying.
Can the contract put the owner’s policy on the other side?
Yes. Custom is only the starting point. The purchase contract decides who pays, and in a negotiated deal either side can end up paying. Read the contract before assuming which line it falls on.
Who pays for the lender’s title policy?
The lender’s policy protects the lender and is ordinarily on the borrower’s side of the statement. A cash purchase has no lender’s policy.
Is the premium different depending on who pays?
No. The premium is promulgated statewide by the Office of Insurance Regulation, so the figure is the same whichever side of the statement it lands on. Custom decides the side, not the price.