Who Pays Title Insurance in Florida? (2026 Guide for Buyers and Sellers)
If you are buying or selling a home in Florida, one of the most common questions during closing is:
Who Pays Title Insurance in Florida?
The answer depends on several factors including local customs, the real estate contract, and which party negotiates the closing services. In this guide we explain how title insurance works in Florida and who typically pays for it.
What Is Title Insurance?
Title insurance protects buyers and lenders from issues with a property’s ownership history. Unlike other insurance policies that protect against future events, title insurance protects against problems that may have existed before the property was purchased.
Common title issues can include:
- Unknown liens
- Recording errors
- Unknown heirs
- Fraud or forgery in previous ownership records
- Mistakes in public records
A title company performs a detailed title search before closing to verify that the property can legally be transferred to the new owner.
There are typically two types of title insurance policies issued during a closing:
Owner’s Title Insurance
Protects the buyer’s ownership interest in the property.
Lender’s Title Insurance
Protects the mortgage lender’s interest in the property.
Who Typically Pays Title Insurance in Florida?
In Florida, the party responsible for paying the owner’s title insurance policy often depends on the county and local real estate customs.
In many North Florida counties, including Jacksonville and much of Northeast Florida, the buyer usually selects the title company and may pay for the owner’s title policy.
In many South Florida counties, the seller often chooses the title company and pays for the owner’s title policy as part of the closing costs.
However, the purchase contract ultimately determines who pays for title insurance. Buyers and sellers can negotiate these costs during the offer process.
Who Pays Closing Costs in Florida, County by County
Who pays for the owner’s title policy, and who picks the title company, follows local custom unless the contract says otherwise. Here is the custom in the counties we close in most:
| County | Owner’s title policy usually paid by | Title company usually chosen by |
|---|---|---|
| Duval (Jacksonville) | Seller | Seller |
| St. Johns (St. Augustine, Ponte Vedra, Nocatee) | Seller | Seller |
| Clay (Orange Park, Fleming Island) | Seller | Seller |
| Nassau (Fernandina Beach, Yulee) | Seller | Seller |
| Flagler (Palm Coast) | Seller | Seller |
| Orange (Orlando) | Seller | Seller |
| Miami-Dade | Buyer | Buyer |
| Broward (Fort Lauderdale) | Buyer | Buyer |
Customs in some other counties, including Palm Beach, Hillsborough, and Sarasota, are mixed or have changed over time, so always check the closing cost paragraph of your contract. Whoever the contract says pays for the owner’s policy usually chooses the title company.
Who pays the other Florida closing costs
| Closing cost | Usually paid by |
|---|---|
| Documentary stamp tax on the deed ($0.70 per $100; $0.60 on Miami-Dade single-family homes) | Seller |
| Real estate commissions | Seller, as agreed in the listing |
| Mortgage payoff and any liens | Seller |
| Lender’s title policy and endorsements | Buyer |
| Doc stamps on the new mortgage ($0.35 per $100) and intangible tax (0.2%) | Buyer |
| Recording the deed and mortgage | Buyer |
| Property taxes and HOA dues | Prorated to the closing date |
As a seller in Northeast Florida, you have the right to choose your title company. See your numbers in our Florida seller closing cost table, or get a free Florida title insurance quote.
Who Chooses the Title Company?
The party paying for the owner’s title insurance policy typically has the right to choose the title company handling the closing.
This is important because the title company manages the entire closing process including:
- Title search and examination
- Escrow services
- Preparation of closing documents
- Coordination with lenders and agents
- Recording the deed and mortgage
- Issuing the final title insurance policy
Choosing an experienced title company helps ensure a smooth and secure closing.
How Much Does Title Insurance Cost in Florida?
Florida title insurance rates are set by the state using a promulgated rate structure. This means most title companies charge the same base rate for the insurance policy.
Example:
- Property Value: $300,000
- Estimated Title Insurance Cost: About $1,575
Additional settlement and closing service fees may apply depending on the transaction.
Working with an experienced local title company helps ensure that all fees and services are clearly explained before closing.
Why Title Insurance Matters
Title insurance protects both buyers and lenders from legal and financial risks related to property ownership. Without title insurance, problems with the property’s title could lead to expensive legal disputes or even loss of ownership.
A professional title company performs the research and due diligence necessary to ensure the title is clear before transferring ownership.
Order Title and Escrow Services in Jacksonville
If you are buying or selling a home in Jacksonville, St. Augustine, or Northeast Florida, Title Company of Florida provides professional title and escrow services for residential and commercial real estate closings.
Our team works with buyers, sellers, Realtors, and lenders to ensure smooth, secure closings.
You can start your title order online in just a few minutes.