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Buying a home in Florida

Who pays for title insurance in Florida?

Short answer

In Florida, who pays for the owner's title insurance policy is negotiable and is chosen by checkbox in the purchase contract: the seller pays, the buyer pays, or, under the Miami-Dade/Broward regional option, the buyer pays for the owner's policy and chooses the closing agent while the seller covers limited title-search costs. The lender's title policy is listed as a buyer cost, and the premium itself is set by a state rate rule rather than by each title company.

What does the Florida contract say?

Paragraph 9(c) of the 2024 Florida Realtors/Florida Bar contracts offers three options. Under option (i), the seller designates the closing agent and pays for the owner's policy and charges. Under option (ii), the buyer does both. Option (iii), the Miami-Dade/Broward regional provision, has the buyer designate the closing agent and pay for the owner's policy, while the seller pays for specified title evidence items, capped at $200 for abstract continuation or title search if the blank is left empty.

Broward County is covered by that regional provision; Palm Beach County is not named in it, so Palm Beach contracts use option (i) or (ii). The Florida Bar notes that, as a general matter, the party paying is the party choosing the closing agent, but you should confirm it in each contract.[1][4]

How much does an owner's policy cost?

Florida law requires the state to adopt a rule specifying the premium title insurers charge. As of 2026, the promulgated risk rate for an original owner's policy is:

  • $5.75 per $1,000 for the first $100,000 of coverage
  • $5.00 per $1,000 from $100,000 to $1 million
  • $2.50 per $1,000 over $1 million up to $5 million
  • $2.25 per $1,000 over $5 million up to $10 million
  • $2.00 per $1,000 over $10 million[2][3]

What does that mean in dollars?

On a $500,000 purchase, the owner's policy premium works out to $575 for the first $100,000 plus $2,000 for the next $400,000, or $2,575. A lender's policy issued at the same time on the same property is charged a minimum of $25 for coverage up to the owner's policy amount. Title search and closing services are separate charges, which the contract bundles into Owner's Policy and Charges.

The Florida Bar points out that the lender's policy provides no protection for the buyer, and buyers are almost always advised to get their own owner's policy. It also says title premiums should be disclosed separately from any legal fees.[1][2][4]

Key takeaways

  • Who pays for the owner's title policy in Florida is negotiated and set in paragraph 9(c) of the contract.
  • The Miami-Dade/Broward regional option makes the buyer pay for the owner's policy and choose the closing agent.
  • Owner's policy premiums follow a state-promulgated rate schedule, $5.75 per $1,000 on the first $100,000 as of 2026.
  • A lender's policy does not protect the buyer, so an owner's policy is generally advised.
  • Confirm which option is checked before you sign, because the payer usually picks the closing agent.

Sources

  1. [1]Florida Realtors — "AS IS" Residential Contract for Sale and Purchase (FloridaRealtors/FloridaBar-ASIS-6xx Rev. 8/24)
  2. [2]Cornell LII — Fla. Admin. Code R. 69O-186.003, Title Insurance Risk Premium Rates
  3. [3]Florida Legislature — Florida Statutes s. 627.782, Adoption of rates (title insurance)
  4. [4]The Florida Bar — Consumer Pamphlet: Buying a Home

Reviewed October 11, 2026. General real-estate information for Florida, not legal, tax, lending or insurance advice. Laws, rates and deadlines change — confirm property-specific facts with the agency cited, a Florida real-estate attorney, CPA or licensed insurance agent.

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