Home Selling in Miami Lakes>Question Details

Linda, Home Seller in Miami Lakes, FL

who pays title search in Miami-dade? is there a law that states the seller must pay? I have lived there 43 yrs

Asked by Linda, Miami Lakes, FL Sat Aug 22, 2009

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Hi Linda,
In a regular market on a regular sale (that not being a short sale or foreclosure) the customary practice is the buyer would pay for the Title Insurance and Select the Title agency. If the transaction is a short sale or foreclosure the seller , being the bank, will pay for the owners title insurance policy and select the title company. A buyer can request for the policy to be paid directly by them and select their title company of chose so as long as they are aware they will be paying the title insurance policy.

As far as the Title search / Title abstract that is normally always a sellers charge. Other items that will be the sellers responsibility would be the City Lien Search and HOA estopple letter.

I am in hopes this will be helpful =)
0 votes Thank Flag Link Thu Jul 28, 2011
Most all expenses related to most real estate transactions are negotiable.

There are standards and customary charges that a buyer and seller typically pay for.
0 votes Thank Flag Link Fri Jun 18, 2010
In Dade and Broward, the Buyer customarily chooses the closing agent and pays the title insurance, while in Palm Beach County the Seller nomally does. However, everything in real estate is negotiable and to the best of my knowledge there is no such law in existence. How to negotiate theTitle issue to your advantage depends of whether you're the Buyer or the Seller. It's a bit too much to explain here, but if you contact me I'l gladly explain: carlos.lobato@floridamoves.com
0 votes Thank Flag Link Tue Jun 15, 2010
Dear Linda,

If you are asking, who pays for the title insurance in Dade County? The answer is the Buyer pays for title insurance on a regular sale. Also, the Seller pays for the deed stamp tax to the state. The Seller pays the realtor fees, if they chose to use a realtor. Every county in Florida has their own laws.

If you would like a who pays what sheet, and what the amounts are, please call me on Monday and I will be happy to provide you with this information. I lived in Miami-Dade most of my life and then moved to Broward County.

Susan Penn, PA
EWM Realtor
2000 Main Street
Weston, Florida 33326
0 votes Thank Flag Link Sat May 1, 2010
Hi Linda,

In Section V of a standard Florida FARBAR Purchase contract, the Buyer and Seller agree who pays for the title search. If you are selling to a cash buyer, you can always ask them to pay and then they can decide if they want to do it. If you are selling to a buyer with a mortgage, the lender will require it.

Good luck,
Mark LeMenager
0 votes Thank Flag Link Fri Jan 22, 2010
There's no law, but the idea behind a Warranty Deed (this may not apply in FL) is that you and your successors will Defend The Chain Of Title To The Beginning of Time - which is difficult to do without title insurance. So you buy a title insurance policy, and that functions as the Warranty.
0 votes Thank Flag Link Thu Jan 21, 2010
Hi, Linda

Usually in Florida the Seller pays title search, if a seller is selling or refinacing they will still have to pay for title search. What the buyer will pay is for a Title Closing Fee and Title Insurance (which is negotiable this days).

Hope this helps and if there is anything else I can provide or do please do not hesitate in calling or e-mail me.


Erika Enid Rosabal
Sales Representative/Closer
Universal Land Title
786-295-9417 Cell
0 votes Thank Flag Link Thu Jan 21, 2010
Hi Linda,
Title search usually is paid by the buyer,However,Look at your contract it is also negotiable .If the contract said that the seller pay title search then is the seller .
Good Luck
TEL; 305-301-2230
0 votes Thank Flag Link Sat Aug 22, 2009
In Dade and Broward, the Buyer customarily chooses the closing agent and pays the title insurance, while in Palm Beach County the Seller normally does. However, most closing expenses are negotiable. Your realtor must specify it in the contract.
For any other questions, feel free to contact me at

Olga Monson
Decorus Realty
Direct Cellular: (954) 512 3044
Flag Thu Oct 31, 2013
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