Skip to content
Title Insurance

Who Pays for Title Insurance in Florida? A County-by-County Guide

In most Florida counties the seller customarily pays for the owner's title policy, but not everywhere. See which counties are buyer-pay, why your contract controls, and how Florida's state-set premiums work.

By Justin Bailey Published 6 min read

Ask "who pays for title insurance in Florida?" and the honest answer is: it depends on the county, and your contract has the final word.

Florida has no statute saying the buyer or the seller must pay for the owner's title insurance policy. What it has are long-standing local customs that vary by county, sometimes changing right at a county line. This guide explains those customs, the Florida counties where the buyer has traditionally paid, why the question matters more than the dollar amount suggests, and how the premium itself is calculated.

First, two different policies

A typical financed Florida purchase involves two title insurance policies:

  • Lender's policy: protects the mortgage lender's interest. If you're getting a loan, your lender will require one, and the buyer pays for it in every county. It lasts until the loan is paid off.
  • Owner's policy: protects you against covered title problems (an undisclosed lien, a forged deed in the chain of title, a missing heir, and so on). It lasts as long as you or your heirs own the property. This is the policy whose payer varies by county.

The general rule: seller pays in most counties

In most of Florida's 67 counties, the custom is that the seller pays for the owner's title policy and chooses the title agent or attorney who handles the closing. That includes many of the state's largest markets: Palm Beach, Hillsborough, Pinellas, Orange, Duval, Lee, and others.

Where the buyer customarily pays

The well-known four

If you've heard about buyer-pay counties, you've probably heard of these four:

  • Miami-Dade
  • Broward
  • Sarasota
  • Collier (Naples)

Most current industry sources agree that the buyer customarily pays the owner's policy and selects the closing agent in these four counties.

The broader picture: a 22-county survey

The most widely cited county-by-county source is a 2015 survey of title professionals by Attorneys' Title Insurance Fund (published in its Concept newsletter). It reported 44 seller-pay counties, 22 buyer-pay counties, and one divided county (Monroe). Besides the four above, the survey's buyer-pay map included Martin County on the southeast coast and a band of Panhandle and North Florida counties:

Region Counties reported as buyer-pay (2015 survey)
South & Southwest Florida Miami-Dade, Broward, Martin, Collier, Sarasota
Western Panhandle Escambia, Santa Rosa, Okaloosa, Walton
Tallahassee area & Big Bend Gadsden, Leon, Liberty, Franklin, Wakulla, Jefferson, Madison, Taylor
North Central Florida Hamilton, Suwannee, Columbia, Lafayette, Dixie

Two important cautions:

  1. The survey is more than a decade old. Customs change, and the survey itself noted that payment is "increasingly the subject of negotiation." Some newer industry references describe certain counties on this list, such as Martin, Escambia, and some North Florida counties, as mixed rather than firmly buyer-pay. If you're buying in one of these counties, ask a local closing agent what's current before you assume.
  2. A custom is only a default. It's what people expect when nobody negotiates otherwise.

Monroe County (the Keys): it depends where

The same survey reported that Monroe County splits by area. Islamorada and the Upper Keys follow the buyer-pay custom of the counties to the north. Marathon and the Middle Keys were reported as seller-pay. Key West and the Lower Keys were described as a mix.

Why your contract matters more than custom

Whatever the local custom, the purchase contract you sign decides who pays. Several things can override custom:

  • Standard contract choices. The widely used Florida residential contract forms include alternative provisions so the parties can specify whether the seller or the buyer pays for the owner's policy and chooses the closing agent. Read the title section before you sign.
  • Regional contract forms. The 2015 survey noted that the Naples Area Board of REALTORS® contract provides that, for property in Lee or Charlotte counties (traditionally seller-pay), the seller pays the owner's policy premium but the buyer selects the title agent.
  • Builder and developer contracts. New-construction contracts commonly set their own terms, often naming the builder's affiliated title company.
  • Bank-owned and other institutional sales. These contracts often vary from local norms.
  • Negotiation. Either side can offer to pay, often in exchange for the right to choose the closing agent.

Why it matters: whoever pays usually picks the closing agent

The dollar amount is only part of it. The Florida Department of Financial Services notes that "the person paying the title insurance premium gets the first choice of closing/title agent," subject to the lender's approval. Buyers and sellers can also agree to a split closing, where each side uses a different agency.

Choosing the closing agent means choosing who examines the title, clears problems, prepares documents, holds escrow funds, and runs closing day. Some buyers and agents care a lot about that choice. Others are happy to let the custom decide.

How much does the owner's policy cost?

In Florida, the title insurance premium is set by the state, not by the company. Rule 69O-186.003, Florida Administrative Code, sets the base "risk premium" for an original owner's policy:

Coverage amount Rate per $1,000
First $100,000 $5.75
$100,000 to $1 million $5.00
$1 million to $5 million $2.50
$5 million to $10 million $2.25
Over $10 million $2.00

The minimum premium is $100, and the owner's policy is issued for the full insurable value of the property, which is usually the purchase price.

Worked example (base premium): for a $350,000 purchase:

  • First $100,000: 100 × $5.75 = $575
  • Next $250,000: 250 × $5.00 = $1,250
  • Owner's policy premium: $1,825

Some other rules that affect the final number:

  • Simultaneous issue: When the owner's and lender's policies are issued together in the same transaction by the same insurer, the lender's policy is a minimum of $25 for coverage up to the owner's policy amount, according to the Florida DFS. Coverage above that amount is charged at full rates.
  • Reissue rates: If a qualifying prior owner's policy exists, the rule provides lower reissue rates: $3.30 per $1,000 for the first $100,000 and $3.00 per $1,000 up to $1 million, per DFS. Eligibility conditions apply, so ask the closing agent whether your transaction qualifies.
  • Endorsements and services: Endorsements (added coverages) have their own rule-based charges. Closing, search, and other service fees are not set by the state and vary by provider.

Because the base premium is set by rule, the DFS notes that anyone issuing a $100,000 owner's policy "should be charging the exact same base premium rate of $575. No more. No less."

Quick scenarios

  • Buying in Hillsborough with a loan, standard contract, seller-pay custom: The seller typically pays the owner's policy and picks the agent. You pay for the lender's policy (often the $25 simultaneous-issue minimum plus endorsements) and your share of closing services.
  • Buying in Broward with a loan, buyer-pay custom: You typically pay for both the owner's policy and the lender's policy, and you choose the closing agent.
  • Buying new construction anywhere: Read the builder's contract. It may override local custom entirely.

FAQ

Is the seller required by law to pay for title insurance in Florida? No. No Florida statute assigns the owner's policy to either party. It's set by local custom and, ultimately, by your contract.

Which Florida counties are buyer-pay for title insurance? Miami-Dade, Broward, Sarasota, and Collier are the best-known buyer-pay counties. A 2015 industry survey also listed Martin and 17 Panhandle and North Florida counties, with Monroe split by area. Customs can change, so confirm locally.

Does the buyer always pay for the lender's title policy? In practice, yes. The lender's policy protects your lender, and the borrower pays for it in every county, though seller credits can offset closing costs if negotiated.

Is title insurance cheaper at a different title company? The base premium is set by Florida rule, so it should be the same for the same coverage. Service fees for closing, searches, and similar items can differ.

Can I choose my own title company in a seller-pay county? You can negotiate for it, often by offering to pay for the owner's policy. You can also ask about a split closing. Under federal RESPA rules, a seller generally can't make the sale conditional on the buyer purchasing title insurance from a particular company.

If I pay cash, do I need an owner's policy? It isn't required without a lender, but it protects your ownership against covered defects. In seller-pay counties, the seller customarily pays for it anyway.

This guide is for general educational purposes only and is not legal, tax, or financial advice. Florida rules and rates change, and every transaction is different. Verify the figures for your purchase with a licensed Florida title agent, real estate attorney, or lender before relying on them.

Sources