The truth is that section 7.1 of the contract says
"Seller shall cause to be furnished to Buyer, at Sellers expense, a current commitment for owners title insurance policy (Title Commitment) in an amount equal to the Purchase Price"
So unless the buyer writes into section 26 Additional Provisions that the buyer is going to pay the seller always pays for the basic policy.
What is negotiable is the Owners Extended Coverage (OEC). It costs all of $50 so if the seller won't pay it is not a huge expense for the buyer.
Here's the full language of section 7.1 on title:
7.1. Evidence of Title. On or before Title Deadline (2.3), Seller shall cause to be furnished
to Buyer, at Sellers expense, a current commitment for owners title insurance policy (Title Commitment) in an amount equal to the Purchase Price, or if this box is checked, An Abstract of title certified to a current
date. If title insurance is furnished, Seller shall also deliver to Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract) in Seller's possession. At Sellers expense, Seller shall cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after Closing. The title
insurance commitment Shal __ Shall Not ___ commit to delete or insure over the standard
exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) any
unrecorded mechanics liens, (5) gap period (effective date of commitment to date deed is recorded), and
(6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing.
Any additional premium expense to obtain this additional coverage shall be by Buyer__ Seller ___ .
Note: The title insurance company may not agree to delete or insure over any or all of the standard exceptions. Buyer shall have the right to review the Title Commitment. If the Title Commitment or its provisions are not satisfactory to Buyer, Buyer may exercise Buyerâ€™s rights pursuant to 8.1.
Good Luck w/ your home purchase.
Kentwood Company at Cherry Creek