Who pays for owners title insurance in Florida?

Who pays for owners title insurance in Florida?
A few days back, a question about who must pay for title insurance in Florida landed in my inbox. For a comprehensive answer to this question, there are a few things that should be addressed, especially if we consider that title insurance works a little bit differently in the Sunshine State compared to other states.

Who Pays for Title Insurance in Florida?

Though in some areas of Florida, it’s customary for the buyer to pay for title and closing services, in most cases, the seller is the one who covers the cost of title search and owner’s policy, while the buyer purchases the lender’s policy (to find out how the owner’s policy differs from the lender’s policy, I invite you to read my previous blog post, What Is Title Insurance?). What many people don’t know is that who pays for title insurance is actually a negotiable item in home purchase agreements, meaning that title-related expenses can be covered by either party.

Another essential aspect is that, according to Section 9 of RESPA, sellers can’t require home buyers to use particular title insurance companies. The party paying for the title search and owner’s policy is entitled to select the title company.

Making an Informed Decision

Whether you’re selling or buying, there are three important things to consider before negotiating the contract.

First, depending on the value of the property, the owner’s title premium can be expensive. Title rates are established according to Rule 627.7825 in Florida Statutes. Currently, the title policy premium is: 5.75‰ for the first $100,000; then, 5‰ should be added over $100,000 up to $1 million; 2.5‰ over $1 million up to $5 million; 2.25‰ over $5 million up to $10 million; and 2‰ over $10 million coverage.

Second, the person who pays for the owner’s policy gains control over the closing process. If you agree to pay for the owner’s policy, you have the right to choose the title insurance company. Since most companies also provide escrow and closing services, you can ensure a quick and secure transfer of property.

Third, you may qualify for a reissue rate and get a substantial discount. To be eligible for a reissue rate in Florida, the previous title policy must have been issued no more than three years prior to the reissue date. The reissue rate is calculated according to the same Rule 627.7825, as follows: 3.3‰ for the first $100,000; then, 3‰ should be added over $100,000 up to $1 million; 2‰ over $1 million up to $10 million; and 1.5‰ over $10 million coverage.

How much can you save if you qualify for a reissue rate? Let’s say you buy a home for $100,000 and get an owner’s title policy for the full value of the property. Within 3 years, you decide to sell and close escrow for $150,000. The insurance rate for that value would be $825 ($575 for the first $100,000 plus $5 for each $1000 thereafter, calculated to be $250); if you qualify for a reissue rate (up to the existing owner’s policy amount of $100,000), you’ll only have to pay $580 (a savings of $245.00). Reissue rates are calculated by taking the Full premium of the existing policy of $100,000 ($575.00) minus the Reissue Rates ($330.00). That figure ($245.00) is subtracted from the new sales price premium rates of $150,000.00 ($825.00).

Title insurance issued by Guardian Title & Trust provides a broad range of benefits to all the parties involved in real estate transactions, including sellers, buyers, creditors, real estate agents and builders. To benefit from excellent service, personal attention and dedication, call our team today at (904)-992-1162, email or submit a title quote request online.

Title insurance in Florida is paid by the seller in most Florida counties with the exception of Miami-Dade, Broward, Sarasota and Collier Counties where the buyer usually pays. Who pays for title insurance and title issuance costs is always negotiable regardless of the norms in the Florida county where the property is located.

In Florida counties where the seller pays for title insurance, the seller is typically also responsible for paying title issuance costs such as title, tax and lien searches as well as title-related closing fees.

In Miami-Dade and Broward counties where the buyer normally pays for title insurance, the seller usually covers the cost of title and municipal lien searches.

The party that pays for title insurance typically selects the title insurance company and the closing agent. The title insurance company, closing agent and escrow agent are often the same company in Florida.

If the buyer is financing, the separate title insurance policy for the lender is always paid by the buyer regardless of Florida county.

Who is responsible for paying specific closing costs, including title insurance, is outlined in the residential sale and purchase contract used for the transaction. In Florida, this is commonly the [“AS IS” Residential Contract for Sale and Purchase] template which is approved by the Florida Realtors and the Florida Bar.

Title insurance rates in Florida, both for the owner’s policy and lender’s policy, are regulated and set by Florida law. You can estimate the cost of title insurance in Florida with Hauseit’s Florida Title Insurance Calculator.

Thinking of buying or selling in Florida? Learn how to save with Hauseit.

Florida Title Insurance FAQ:

Who pays for owners title insurance in Florida?

Buyer and seller are free to negotiate who pays for title insurance regardless of which Florida county the property is located in and the associated norms.

If you think you have leverage to make your counterparty pay for title insurance (and title issuance fees), then you can certainly try to negotiate.

That being said, don’t expect the seller to agree to a title insurance arrangement which is outside the norm if you’re a buyer interested in a hot property.

Who pays for owners title insurance in Florida?

For example, in Miami-Dade and Broward counties where the buyer normally pays for title insurance, the seller usually covers the cost of title and municipal lien searches.

In fact, there is even a Miami-Dade checkbox in the title insurance section of the standard contract “AS IS” Residential Contract for Sale and Purchase to this effect:

Who pays for owners title insurance in Florida?

Don’t expect a seller in Miami-Dade who has lots of interest or multiple offers to agree to a proposed contract which doesn’t have this box checked.

Who pays for owners title insurance in Florida?

How much is title insurance in Florida?

The cost of title insurance in Florida is around 0.5% of the purchase price. You can estimate the cost of title insurance in Florida with Hauseit’s Florida Title Insurance Calculator.

Title insurance rates are set by Florida law:

  • From $0 to $100,000 of liability written: 0.575% 

  • From $100,000 to $1 million, add: 0.500% 

  • Over $1 million and up to $5 million, add: 0.250% 

  • Over $5 million and up to $10 million, add: 0.225% 

  • Over $10 million, add: 0.200%

Due to this regressive pricing structure, the cost of title insurance as percentage of the sale price decreases as the sale price increases.

For example, title insurance on a $1,000,000 purchase is $5,610 or 0.56% of the sale price. Title insurance on a $9,000,000 purchase is $26,510 or 0.29% of the sale price.

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Disclosure: Hauseit® and its affiliates do not provide tax, legal, financial or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal, financial or accounting advice. No representation, guarantee or warranty of any kind is made regarding the completeness or accuracy of information provided.

Who pays for owner's policy and charges in Florida?

It can be only two parties: the buyer or the seller. In very rare circumstances, it can be negotiated in such a way that both parties pay, but that is highly, highly unusual. Typically, what determines who pays for title insurance is the custom in the community or area in which you are buying or selling real estate.

Is owner's title insurance required in Florida?

In Florida, title insurance is mandated. Both parties must have valid title insurance to transfer property from one party to another. The Florida law requires all real estate transactions to have a title insurance policy (owner's or lender's coverage policy).

How much is owner's title policy in Florida?

The rates are $5.75 for every $1,000 up to $100,000 and $5.000 for every $1,000 up to a maximum of $1,000,000. Reissue Rate - Reissue rates might apply if the previous property owner had a title policy. The minimum issuance cost is $100.

How is owner's title insurance calculated in Florida?

In Florida, the title premium is tied to the purchase price. An owner's title policy costs $5.75 per $1,000 of the purchase price up to $100,000. Over that mark, the rate is $5.00 per $1000, with additional rate adjustments as the liability amount increases.