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Can The Buyer Pick The Title Company?

Sun Mar 3, 2019 on Blog & Florida Real Estate

Can The Buyer Pick The Title Company?

Video: Can The Buyer Pick The Title Company?

FAQ’s With Roy Oppenheim

Another question people frequently ask is, “Can the buyer pick the title company?” That’s a really simple question. But the problem is that it’s not really a simple answer. To begin with, one of the general rules is the party that’s paying for title insurance is typically the party that’s going to choose the title company.

The Buyer And Title Insurance

So for example, if you’re a buyer and you’re choosing the title company, you would likely pay for the title company or the title policy. If you are a seller and you’re paying for the title insurance, then you typically would choose the title company. Now, this gets a little bit confusing because in some cases where you have a cash transaction that’s not governed by federal law, in those circumstances, it’s all negotiable.

The buyer could be paying but the seller could be choosing. The seller could be choosing and the buyer could be paying. So in different states, you have different conventions in terms of who pays for what, it’s based on custom typically. And one of the things that typically is the case when you’re in a situation with a federally insured mortgage, if the buyer is paying than the buyer gets to choose. Another convention that’s out there is that typically when you’re buying new construction, new development homes that are being offered for the first time by a developer from what was previously rolled in, those situations many times a developer is going to offer to pay for the title insurance.

And typically they will also then choose the title company. So that’s basically the answer to the question of can the buyer pick the title company. So the answer is typically the buyer will pick the title company if the buyer’s paying.

Weston Title & Escrow
2500 Weston Rd #404
Fort Lauderdale, FL 33331
954-384-6168

Weston Title & Escrow is a trusted South Florida title company, serving Broward, Miami-Dade and Palm Beach Counties as well as the entire State of Florida since 1994.  

Owned and operated by attorneys Roy Oppenheim and Ellen Pilelsky, the founding partners of Oppenheim Law, Weston Title provides highly personalized services in the areas of real estate closings, title insurance, title searches and escrow services.