Who Pays for Title Insurance When You Sell in Fort Lauderdale?

Do Fort Lauderdale sellers have to pay for title insurance?

Not necessarily — and that surprises a lot of people. In 63 of Florida's 67 counties, the seller customarily pays for the buyer's owner's title insurance policy. But Broward County is one of four exceptions (along with Miami-Dade, Collier, and Sarasota) where local custom shifts that cost to the buyer. Nothing in Florida law requires either party to pay, which means the real answer for your closing comes down to what gets negotiated into your contract — not what you read on a title company's website.

By Scott Morreau | July 30, 2026

If you've searched "who pays title insurance in Florida" while getting ready to list your Fort Lauderdale home, you've probably landed on a handful of contradictory answers. Some sites tell you the seller always pays. Others say Broward flips the rule entirely and the buyer picks up the cost. A few hedge and say "it depends."

They're all a little right, which is exactly the problem. Here's what's actually happening, what it costs, and how to make sure it doesn't turn into a surprise line item at your closing table.

Broward is one of only four Florida counties where the custom flips

Florida title insurance premiums are promulgated — set by the state, not the title company. Every licensed title agency in Florida charges the same rate for the same coverage:

• $5.75 per $1,000 of the sale price on the first $100,000
• $5.00 per $1,000 on the portion from $100,001 up to $1,000,000
• $2.50 per $1,000 on the portion above $1,000,000

The rate is fixed. Who pays it isn't.

In most of Florida, sellers pay for the owner's title policy as a customary courtesy to the buyer, and the seller's side typically selects the title company or closing agent. But Broward, Miami-Dade, Collier, and Sarasota counties developed a different local custom over time, where the buyer pays for the owner's policy and picks the closing agent instead.

That custom isn't written into Florida statute anywhere. It's a regional practice that's become so common it gets treated as the default — which is exactly why you'll find title companies, law firms, and closing agents describing it differently depending on which side of the transaction they usually represent. Some Broward closings still follow the traditional seller-pays approach, especially when it's built into the listing strategy or used as a negotiating chip. There is no single "right" answer baked into the law. There's only what your contract says.

What this actually costs at your price point

For sellers in the $750,000–$3,000,000 range — which covers most of Victoria Park, Coral Ridge, Rio Vista, Harbor Beach, Las Olas Isles, and much of Wilton Manors and Pompano Beach — the owner's title insurance premium is a real number, not a rounding error:

• $750,000 sale: approximately $3,825 in owner's title insurance
• $1,500,000 sale: approximately $6,325
• $3,000,000 sale: approximately $10,075

If you assume the buyer is covering that because "that's how it works in Broward" and it turns out your contract has you paying it, that's a five-figure gap in your net proceeds you didn't plan for. I've seen sellers get to the closing disclosure and ask, confused, why a line item they thought wasn't theirs showed up on their side of the settlement statement. It's an uncomfortable moment to have for the first time with a closing date already on the calendar.

This is a different cost than your documentary stamp tax and other closing costs, which follow their own set of Broward County customs. Title insurance deserves its own line of attention because it's one of the larger single fees at closing, and because the "who pays" question is genuinely more contested here than almost anywhere else in the state.

It's negotiable — which means it's a strategy decision, not a default

Because the seller-pays-versus-buyer-pays question is custom, not law, it's fully negotiable in the purchase and sale contract. That gives you options depending on how your listing is positioned:

• In a competitive listing, you may have the standing to hold to Broward custom and let the buyer cover the owner's policy, keeping more of your proceeds.
• In a slower-moving listing — and Fort Lauderdale has been averaging 100+ days on market in 2026 with a meaningful share of listings taking price reductions — offering to cover the owner's title policy can function the same way seller concessions do: a way to make your offer more attractive without just cutting the list price.
• In a multiple-offer scenario, buyers sometimes propose covering the seller's closing costs, including title insurance, as a way to strengthen their offer. That's worth watching for if you're comparing terms, not just price.

Whoever pays the premium customarily also selects the title company and closing agent, which matters more than people expect. The closing agent controls scheduling, coordinates the payoff of your existing mortgage, and manages the actual disbursement of your proceeds. If you want a say in who's running your closing, that's often tied directly to who's paying for the policy.

This is exactly the kind of detail I walk every seller through before we finalize a listing strategy — not because it's complicated, but because it's easy to assume the "typical" answer applies to your deal when it may not.

Get it in writing before you're under contract

The fix here isn't complicated: make sure the title insurance allocation is explicitly stated in your purchase agreement, not left to assumption. The standard FAR/BAR contract has a section for this. Whoever is drafting your offer or counter should confirm it reflects what you actually agreed to, especially if you're negotiating other concessions at the same time, like covering part of the buyer's agent commission or addressing items that came up in a 4-point inspection.

Your title insurance number depends on your sale price, and your leverage depends on your specific listing, timing, and negotiating position — that's not something a general article can calculate for you. It's exactly the kind of question worth walking through with someone who closes deals in this market regularly.

Frequently Asked Questions

Does Florida law require the seller to pay for title insurance?

No. There is no Florida statute requiring either the buyer or seller to pay for the owner's title insurance policy. Who pays is determined by local custom and, ultimately, by what's written into the purchase and sale contract.

Why is Broward County different from most of Florida?

Most Florida counties follow a seller-pays custom for the owner's title policy. Broward, along with Miami-Dade, Collier, and Sarasota counties, developed a different regional practice where the buyer more commonly pays and selects the title company. It's custom, not law, and it varies by transaction.

How much does title insurance cost on a Fort Lauderdale home sale?

Florida's title insurance rates are set by the state at $5.75 per $1,000 on the first $100,000, $5.00 per $1,000 from $100,001 to $1,000,000, and $2.50 per $1,000 above $1,000,000. On a $1,000,000 sale, that comes out to roughly $5,075 for the owner's policy.

Can I negotiate who pays for title insurance when I sell my house?

Yes. Because it's a custom and not a legal requirement, buyer and seller can agree to either party paying, or splitting the cost, as part of contract negotiations. It's frequently used as a concession in slower markets or as a term in multiple-offer situations.

Who picks the title company if I'm not the one paying for the policy?

Customarily, whichever party pays for the owner's title insurance policy selects the title company and closing agent. If you want input on who handles your closing, that's often tied to the payment arrangement in your contract.

If you're preparing to list a home in Fort Lauderdale, Wilton Manors, or anywhere in Broward County and want to understand exactly what your closing costs will look like — including who's likely to cover title insurance on your specific transaction — I'm happy to walk you through it. Reach out at scottsellsfl.com.

About Scott Morreau
Scott Morreau, PA is a top-rated Realtor® and Broker Associate with Real Broker, LLC, specializing in residential real estate across Fort Lauderdale, Wilton Manors, Oakland Park, Pompano Beach, Dania Beach, and Broward County. Licensed since 2001 and active in South Florida since 2006, Scott has closed over $52 million in Florida real estate — including $7.1 million in the past year — and is ranked among the top 500 agents in the region with 70+ five-star reviews. Scott specializes in luxury and waterfront homes, investment properties and 1031 exchanges, relocation to and from South Florida, and serving LGBTQ+ clients, and is known for his concierge-level preparation and client-first philosophy he calls A Better Real Estate Experience.