Who Pays for Title Insurance When You Sell a House in Florida?

By Nelson Cruz, P.A. | October 28, 2026

Who pays for title insurance when you sell a house in Florida? Your contract decides, not state law. The standard Florida Realtors/Florida Bar AS IS contract makes buyer and seller check one of three options in Paragraph 9(c). Under option (i), the seller pays for the owner’s title policy and title search and chooses the closing agent. Under option (ii), the buyer pays and chooses. Options (i) and (iii) expressly put any lender’s title policy premium on the buyer. Because the premium is set by state rule, the real negotiation is over who pays and who picks the title company, not the price of the policy.

This guide walks Florida sellers through what the checkbox controls, what the policy will cost at state rates, and how a prior owner’s policy can lower the cost.

What Paragraph 9(c) actually says

In the current AS IS Residential Contract for Sale and Purchase (ASIS-7), Paragraph 9(c) requires a title insurance commitment from a Florida-licensed title insurer to be delivered to the buyer before closing, with an owner’s title policy to follow after closing. The commitment is due by the Title Evidence Deadline, which is 15 days before the Closing Date if the blank is left empty, or 5 days if the buyer is paying cash under Paragraph 8(a). The contract calls the owner’s policy premium, title search and closing services together the “Owner’s Policy and Charges.” Florida Realtors/Florida Bar ASIS-7 contract.

The contract also says each party pays its own closing services fees to the closing agent or other provider it selects. Standard I ties the closing location to the payer: closing is handled by the closing agent chosen by whoever pays for the owner’s policy, and if there is no title insurance, the seller chooses.

The regional option in the form shows that customs differ around the state. Your contract still controls, so check which box is marked before you sign.

What the owner’s policy costs at Florida’s set rates

Florida sets title insurance premiums by rule. Under Rule 69O-186.003, the original owner’s policy rate is $5.75 per $1,000 of coverage up to $100,000, plus $5.00 per $1,000 from $100,000 to $1 million, with lower tiers above that. The minimum premium is $100. Fla. Admin. Code R. 69O-186.003. Because the premium is set by rule, comparing title companies mainly means comparing their search and closing service fees.

Here is the premium math for an owner’s policy equal to the sale price. These are hypothetical prices for illustration:

Example at $400,000: the first $100,000 at $5.75 per $1,000 is $575, and the next $300,000 at $5.00 is $1,500, for a total of $2,075. Search, closing service and other title agent fees are added on top and vary by provider.

The reissue rate: why your old policy matters

The same rule sets lower reissue rates of $3.30 per $1,000 up to $100,000 and $3.00 per $1,000 from $100,000 to $1 million. They apply when a previous owner’s policy insured the seller in the current sale and both the reissuing agent and underwriter keep copies of it. One qualifying case is a new policy dated less than 3 years after the policy that insured the seller. Fla. Admin. Code R. 69O-186.003.

This matters to you even if the buyer is paying, because Paragraph 9(c) requires you to give the buyer and closing agent a copy of your owner’s policy, or other evidence of title, within 5 days after the Effective Date. If you bought within the last 3 years, find that policy before you list. Under the table above, it could save $845 at a $400,000 sale. Ask your title agent to confirm you qualify.

If the buyer is financing, a lender’s policy issued at the same time as the owner’s policy, on the same land, carries a minimum charge of $25 for coverage up to the owner’s policy amount. Options (i) and (iii) assign that premium to the buyer.

Should you agree to pay, or let the buyer pay?

Use this checklist when an offer arrives or before you set your listing terms:

1. Read Paragraph 9(c) in every offer. An offer may check a different option than you expected, and that changes both your net and who picks the closing agent.
2. Price the title cost into your net. At the state rate, the owner’s premium on a $400,000 sale is $2,075. Our seller net proceeds guide shows where it fits with your other costs.
3. Decide how much choosing the closing agent is worth to you. Paying usually comes with choosing. If you already have a title company you trust, option (i) keeps that choice.
4. Use it as a negotiating chip. Agreeing to option (ii) in exchange for a higher price, or offering option (i) in place of a larger concession, are both legitimate trades. Compare the dollars, not just the label.
5. Find your prior owner’s policy. You have 5 days after the Effective Date to provide it, and a recent policy can unlock the reissue rate.
6. Plan for title defects. Under Standard A, the buyer has 5 days after receiving the commitment to report defects, and you then have a 30-day Cure Period to try to fix them. Clear known liens early.

Ready to see your own numbers? Start with a home valuation request, or see how we help sellers list with MVP Home Group.

Frequently Asked Questions

Is the seller required by Florida law to pay for title insurance?

No. Florida sets the premium rates by rule but does not assign who pays. In the standard AS IS contract, the parties check an option in Paragraph 9(c), and that choice decides who pays for the owner’s policy and title search.

Who picks the title company when selling a house in Florida?

Under the standard AS IS contract, the party who pays for the owner’s policy designates the closing agent. If the seller checks option (i), the seller chooses; under options (ii) and (iii), the buyer chooses.

Can title insurance be cheaper if I bought my home recently?

It can. Florida’s reissue rates, such as $3.30 per $1,000 up to $100,000 and $3.00 per $1,000 from $100,000 to $1 million, can apply when a prior owner’s policy insured you and the new policy is dated less than 3 years after it. The title agent must keep a copy of your prior policy.

Talk through your sale terms

Title costs are one line among many in a Florida closing. We can review an offer’s Paragraph 9 choices with you before you sign so your net matches what you expect.

Featured image: AI-generated editorial illustration of house keys on a table near a front door, not a specific property or transaction.