All 67 counties
Who pays for title insurance in every Florida county?
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 9 counties, Broward and Miami-Dade among them, and the seller in 46 counties, Palm Beach, Hillsborough, Orange and Duval among them; in the other 12 it varies. The lender’s policy is ordinarily on the borrower’s side. The premium is the same either way: it is promulgated statewide.
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- Buyer pays
- 9 counties
- Seller pays
- 46 counties
- Varies
- 12 counties
- Buyer pays9 counties
- Seller pays46 counties
- Varies within the county12 counties
Custom, not law: the purchase contract decides it on every sale. County lines: U.S. Census Bureau.
Where each side pays
By local custom, county by county. Each county links to its own page: the deed stamp rate there, the recording office and what the promulgated premium comes to. The same list is a CSV download.
The buyer pays
in 9 counties
The seller pays
in 46 counties
- Alachua
- Baker
- Bay
- Bradford
- Brevard
- Calhoun
- Charlotte
- Citrus
- Clay
- DeSoto
- Duval
- Flagler
- Franklin
- Gilchrist
- Glades
- Gulf
- Hardee
- Hendry
- Hernando
- Highlands
- Hillsborough
- Holmes
- Indian River
- Jackson
- Lake
- Lee
- Levy
- Manatee
- Marion
- Nassau
- Okaloosa
- Okeechobee
- Orange
- Osceola
- Palm Beach
- Pasco
- Pinellas
- Polk
- Putnam
- Seminole
- St. Johns
- St. Lucie
- Sumter
- Union
- Volusia
- Washington
It varies
in 12 counties, with no single custom for the whole county
How it varies, county by county
- Columbia County has no settled custom for the owner’s policy: the buyer pays on some sales, as around Tallahassee, and the seller on others, as around Gainesville.
- Dixie County has no settled custom for the owner’s policy: the buyer pays on some sales, as around Tallahassee, and the seller on others, as around Gainesville.
- Escambia County has no settled custom for the owner’s policy: the buyer pays on some sales, as in Santa Rosa County next door, and the seller on others, as in most of Florida.
- Hamilton County has no settled custom for the owner’s policy: the buyer pays on some sales, as around Tallahassee, and the seller on others, as around Gainesville.
- Lafayette County has no settled custom for the owner’s policy: the buyer pays on some sales, as around Tallahassee, and the seller on others, as around Gainesville.
- Liberty County has no settled custom for the owner’s policy: the buyer pays on some sales, as around Tallahassee, and the seller on others, as in Franklin and Calhoun counties next door.
- Madison County has no settled custom for the owner’s policy: the buyer pays on some sales, as around Tallahassee, and the seller on others, as around Gainesville.
- Martin County has no settled custom for the owner’s policy: the buyer pays on some sales, as in Broward and Miami-Dade, and the seller on others, as in Palm Beach and St. Lucie on either side of it.
- In Monroe County who pays for the owner’s policy depends on where in the Keys the property is. Islamorada and the Upper Keys follow the buyer-pay custom of the counties to the north, Marathon and the Middle Keys are a seller-pay area, and Key West and the Lower Keys are a mix of the two.
- Suwannee County has no settled custom for the owner’s policy: the buyer pays on some sales, as around Tallahassee, and the seller on others, as around Gainesville.
- Taylor County has no settled custom for the owner’s policy: the buyer pays on some sales, as around Tallahassee, and the seller on others, as around Gainesville.
- Walton County has no settled custom for the owner’s policy: the buyer pays on some sales and the seller on others.
On a file in any of these counties, 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. How a purchase or sale closes with us, from the contract to the recorded deed, is on residential title and closings.
How the contract decides it
On the Florida Realtors/Florida Bar contract, the form most Florida home sales are written on, the owner’s policy follows the box checked in paragraph 9(c). The form has three and no default, so one should be checked:
- Box 9(c)(i)Seller chooses the closing agent and pays for the owner’s policy and the search. The buyer pays for any lender’s policy.
- Box 9(c)(ii)Buyer chooses the closing agent and pays for the owner’s policy, the search and any lender’s policy.
- Box 9(c)(iii)Buyer chooses: the Miami-Dade/Broward provision The buyer pays both premiums; the seller pays the title search (up to $200 if left blank), the tax search and the municipal lien search.
Whoever pays for the owner’s policy designates the closing agent (Standard I), and the Department of Financial Services’ consumer page on title insurance says the person paying the premium gets the first choice of closing agent, which the lender must approve. Every other cost the contract allocates, line by line, is in Understanding the FAR/BAR contract: every deadline, and who pays what.
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: on a $500,000 purchase it is $2,575 at the original rate, or $1,530 at the reissue rate where it applies. The Florida title insurance calculator works it out for a specific price, with the lender’s policy beside it. The deed’s documentary stamp tax, the other large line on a sale, is on the Florida doc stamp calculator. What each side pays at the closing, line by line, is on the buyer and seller closing cost pages. What the charges set by law come to on each side, county by county, is on Florida closing costs by county. A seller can see the owner’s policy come off the proceeds on the seller net sheet, which starts on the county’s custom and takes whichever box the contract checks.
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.
In which Florida counties does the buyer pay for title insurance?
By local custom the buyer pays for the owner’s policy in 9 counties: Broward, Collier, Gadsden, Jefferson, Leon, Miami-Dade, Santa Rosa, Sarasota and Wakulla. The seller pays in 46, and in 12 it varies. The purchase contract decides it on every sale.
Does the seller pay for title insurance in Florida?
In 46 of Florida’s 67 counties, by local custom, the seller pays for the owner’s policy. The buyer pays in 9, and in 12 it varies. The purchase contract decides it on every sale, and the lender’s policy is ordinarily the borrower’s.
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 chooses the title company in Florida?
Whoever pays for the owner’s policy. On the Florida Realtors/Florida Bar contract, the side paying for it under paragraph 9(c) designates the closing agent (Standard I), and the Department of Financial Services says the person paying the premium gets the first choice of closing agent, which the lender must approve.
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: on a $500,000 purchase the owner’s policy is $2,575 at the original rate. Custom decides the side, not the price.
More to send a client: the Bayit Title guides, on Florida title insurance, the problems that delay a closing and more, and the FAR/BAR contract explained, every deadline and who pays what.