Who Pays for Title Insurance in Florida? Depends on the County

Title insurance is one of those closing costs that makes buyers and sellers ask the same question: who actually pays for it? In Florida, the answer isn’t universal. It depends on custom, county practice, the purchase contract, and sometimes the lender’s requirements. Below, we’ll explain the general rules, call out the common county exceptions, give a practical county-by-county approach you can use, and finish with quick title insurance tips for buyers, sellers, and agents. 

County-by-County Customs

• General rule: In most Florida counties, the seller customarily pays for the owner’s title insurance policy.
• Exceptions: In several of the most populous South Florida and Gulf Coast counties, the buyer typically pays. Those counties are: Broward, Miami-Dade, Collier, and Sarasota.
• Lender’s policy: The buyer always pays for the lender’s title insurance (the loan policy) because it protects the lender.
• Everything is negotiable: County custom is powerful but not legally binding. If the contract allocates a cost, that allocation wins.

Why County Customs Matter

Florida does not have a statewide law declaring who must pay title insurance. Instead, local practice and market custom determine who typically pays. Realtors, title companies, and closing agents follow those customs to avoid losing business or complicating deals. That’s why some counties follow seller-pays customs and others follow buyer-pays customs. If you’re transacting in a county where a different practice is expected, the other side may resist paying for title insurance unless you offer concessions.

How to Confirm the Custom for Your County
(do this before you sign)

• Ask your listing agent or buyer’s agent. Realtors most commonly know local practice and what’s marketable in their county.
• Ask your title/closing company! In all real estate transactions we work on, we always make it clear from the outset who is responsible for covering the cost of title insurance.
• Check the contract language. The FAR/BAR contract forms allow boxes/clauses that shift responsibility. If a contract clearly assigns the owner’s policy to Buyer or Seller, the contract controls.

Practical Examples & Common Scenarios

• Buyer with lender: The buyer pays the lender’s policy and typically pays recording fees for the mortgage. The owner’s policy (which protects the buyer) is usually paid by the seller except in the buyer-pays counties listed above.
• Hot market / multiple offers: Sellers are often unwilling to add non-customary costs. If you’re a buyer in a seller-pays county, don’t assume the seller will pay. You might be able to negotiate or use price/credit adjustments.
• Condo/co-op or unusual title issues: Parties often split or negotiate title insurance costs when special circumstances exist (e.g., seller has an old policy that may entitle the buyer to a reissue rate). Title companies can estimate reissue credits.

Have More Questions?

If you’re a Realtor and want to dive deeper into Florida’s county-by-county title insurance practices, or if you’d like to walk through how these costs impact your clients, we’d be happy to chat. Reach out anytime, and let’s make sure your buyers and sellers go into closing fully prepared.