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Choosing a title company in Florida

You cannot shop the title premium. You can shop everything around it. Title insurance rates are promulgated by the state at $5.75 per $1,000 on the first $100,000, so every Florida agency charges the same premium. Settlement fees, search fees and courier charges are not regulated, and they vary.

Choosing a title company in FloridaTitle insurance premium — No — promulgated statewide; Settlement or closing fee — Yes; Title search and examination fee — Yes; Courier, wire and document fees — Yes, and often padded; Recording fees — No — set by the county clerkTitle insurance premiumNo — promulgated statewideSettlement or closing feeYesTitle search and examination feeYesCourier, wire and document feesYes, and often paddedRecording feesNo — set by the county clerk
Line → Shoppable?.
Which means the choice is about competence, not price

Two agencies quoting different premiums for the same policy amount means one of them has it wrong, not that one is cheaper. So the real question is who will run a clean file, spot a problem in the commitment early, and be reachable in the week before closing — which is worth considerably more than a difference in settlement fee.

What they actually do

That second line is where a good agency separates itself. Every file turns something up. What differs is whether it is identified in week one and quietly resolved, or discovered three days before closing when everyone has movers booked.

Who chooses, and who pays

Custom varies and is negotiable. In most of Florida the seller customarily pays for the owner’s policy, which in practice means the seller often picks the agency. In Miami-Dade the custom reverses and the buyer customarily pays for it — and pays a different deed rate of $0.60 per $100 besides.

None of that is law. If you care who handles the closing, it is a negotiable term like any other — and worth raising early rather than after the contract is signed.

What to compare

LineShoppable?
Title insurance premiumNo — promulgated statewide
Settlement or closing feeYes
Title search and examination feeYes
Courier, wire and document feesYes, and often padded
Recording feesNo — set by the county clerk
Doc stamps and intangible taxNo — statutory

Questions worth asking

  1. Who will actually handle my file, and can I reach them? A named processor who answers the phone is worth more than a lower fee.
  2. When will I see the commitment, and will you walk me through Schedule B? That page lists what the policy will not cover, and it is the one people never read.
  3. Do you run a permit search? It is standard, and an open permit found early is a very different problem from one found late.
  4. How do you deliver wire instructions? The right answer involves a phone call on a number you already had.
  5. Are you affiliated with my agent or lender? Not automatically a problem, but you should be told.

The fraud risk sits here

The closing table is where property fraud actually happens. Business email compromise cost $3.04 billion across 24,768 complaints in a year, averaging about $123,000 per case — and the compromised mailbox is frequently the title company’s or the agent’s rather than yours.

One rule, and it is not negotiable

Never wire funds on instructions that arrived by email. Call the agency on a number you obtained independently — from an earlier document or their website, never from the message — and read the account and routing numbers aloud digit by digit. Treat any change of instructions as fraud until proven otherwise, and be more suspicious when it is urgent, not less.

Warning signs

Related

Closing costsWith a calculator for the state-set portion.Title defectsWhat the search finds, and what only the policy covers.Wire fraud at closingHow it works and what to do in the first hour.
A hand holding a pen signing a document, close-up shot with focus on the paper.
A hand holding a pen signing a document, close-up shot with focus on the paper.Photograph: Tima Miroshnichenko / Pexels

Common questions

Can I shop around for title insurance in Florida?

Not on the premium — it is promulgated by the state, so every agency charges the same. Settlement fees, search fees and courier charges are unregulated and do vary, and those are the only part worth comparing.

Who chooses the title company in Florida?

Usually whoever customarily pays for the owner’s policy, which in most of Florida is the seller and in Miami-Dade is the buyer. None of that is law and it is negotiable — raise it before the contract is signed.

What does a title company actually do?

Searches the record, issues a commitment, resolves what the search finds, holds funds in escrow, prepares and records the deed and mortgage, collects the state taxes, and issues the policies.

What is Schedule B on a title commitment?

The exceptions — everything the policy will not cover, including the survey exception. It is the most consequential page and the one buyers almost never read.

How do I avoid wire fraud at closing?

Never accept wire instructions by email. Call the agency on a number you obtained independently, read the account and routing numbers aloud, and treat any change of instructions as fraud until verified by voice.


Title insurance rates are promulgated by the Florida Office of Insurance Regulation; documentary stamp and intangible taxes are statutory. Settlement and search fees are set by each agency. Who pays what is custom and negotiable, and differs in Miami-Dade.