Who Pays for Owner’s Title Insurance in Palm Beach County?
Short answer: In Palm Beach County the seller customarily pays for the owner’s title insurance policy, and because the seller pays, the seller usually also chooses the title and closing company — whereas in neighbouring Broward and Miami-Dade counties the buyer customarily pays.
Why the answer changes at the county line
Florida law does not say who pays for owner’s title insurance. Nothing in statute assigns it. It is decided by local custom, and then either confirmed or renegotiated in the purchase contract. Custom in Florida grew up county by county, which is why one of the most common questions in South Florida real estate has two correct answers eleven miles apart.
| County | Customarily pays for the owner’s policy | Who usually picks the title company |
|---|---|---|
| Palm Beach | Seller | Seller |
| Broward | Buyer | Buyer |
| Miami-Dade | Buyer | Buyer |
| Martin, St. Lucie | Generally seller, confirm in the contract | Whoever pays |
This is the practical consequence people miss: never describe this as the “South Florida” custom. There is no South Florida custom. There is a Palm Beach County custom and a Broward custom, and they are opposites.
Whoever pays, chooses — and that matters
The party paying for the owner’s policy customarily selects the title and closing company. That is not a trivial privilege. The closing agent runs the search, clears title defects, handles the payoffs, prepares the settlement statement and holds the escrow. A seller in Palm Beach County who gives up the policy in negotiation is often also giving up control of the closing table, and that is worth weighing separately from the dollars.
What the policy actually protects
An owner’s policy protects the buyer’s ownership against defects that predate the closing — a forged signature in the chain of title, an unreleased old mortgage, an undisclosed heir with a claim, a boundary or easement problem, unpaid municipal liens attaching to the property. It is a one-off premium at closing rather than an annual policy. It is not a home warranty and it does not cover anything that happens after the closing.
It is separate from the lender’s policy, which protects only the mortgage lender’s interest and is ordinarily a buyer cost when there is financing. A buyer with a lender’s policy and no owner’s policy has insured the bank’s position and not their own.
What it costs
Title insurance premiums in Florida follow a promulgated rate scale set by the state rather than being freely priced, so the premium for a given price is broadly the same whichever underwriter is used. As a rough planning figure it lands around half a percent of the price. Search, settlement and closing service fees are separate from the premium and do vary between closing agents.
Two situations where the custom bends
New construction. Builders frequently write their own contract terms requiring the buyer to pay and to use the builder’s affiliated title company. Custom does not override a signed contract.
Short sales and lender-approved sales. Where a lender is approving a payoff below the balance, it customarily absorbs the owner’s policy out of the proceeds along with the commission and the documentary stamps. See how a short sale works in Palm Beach County.
Where this sits in the rest of your costs
The owner’s policy is one line on a longer list. For the full picture see what closing costs a seller pays in Palm Beach County, or how we handle a sale.
Who prepared this
Gia Freer, our Broker of Record, holds NAR’s Short Sales and Foreclosure Resource (SFR) certification, is Certified Distressed Property Expert (CDPE) trained, and has been licensed in Florida since 2000. This page describes customary practice in Palm Beach County as of September 2026 and is not legal advice. Anything turning on the wording of your contract is a question for a Florida real-estate attorney.
Questions and answers
Who pays for owner's title insurance in Palm Beach County?
In Palm Beach County the seller customarily pays for the owner's title insurance policy. Because the seller pays for it, the seller also usually chooses the title and closing company. Florida law does not assign this cost to either party, so it is set by county custom and can be renegotiated in the purchase contract.
Is the title insurance custom the same across South Florida?
No, and this is the most common error. There is no single South Florida custom. In Palm Beach County the seller customarily pays for the owner's policy, while in Broward and Miami-Dade the buyer customarily pays. The custom reverses at the county line, so a seller in Palm Beach County who buys in Broward can end up paying for that policy twice in the same month.
Does Florida law say who pays for title insurance?
No. Nothing in Florida statute assigns the owner's title insurance premium to the buyer or the seller. It is determined by local county custom and then confirmed or altered by the terms of the purchase contract. Title insurance premiums themselves do follow a rate scale promulgated by the state, so the premium is broadly consistent between underwriters.
What is the difference between owner's and lender's title insurance?
An owner's policy protects the buyer's ownership of the property against defects that existed before closing, such as a forged deed in the chain of title, an unreleased old mortgage, an undisclosed heir, or an easement or boundary problem. A lender's policy protects only the mortgage lender's interest and is ordinarily a buyer cost where there is financing. A buyer who has only a lender's policy has insured the bank's position rather than their own.
How much does owner's title insurance cost in Palm Beach County?
The premium follows Florida's promulgated rate scale rather than being freely priced, and as a planning figure it works out at roughly half a percent of the purchase price. Title search, settlement and closing service fees are charged separately from the premium and those do vary between closing agents.
Can the seller refuse to pay for title insurance in Palm Beach County?
Yes, because custom is not law. Either party can propose a different allocation and the contract governs. Bear in mind that the party paying for the owner's policy customarily selects the title and closing company, so shifting the cost usually also shifts control of the closing, the escrow and the settlement statement.
This page covers the real-estate side only. It is not legal or tax advice. Decisions about foreclosure defence, probate, bankruptcy or forgiven debt should involve a Florida attorney, and anything touching money or taxes should involve a CPA. We work alongside both every week and can refer you.
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Every decision on this page depends on one number: what the property is actually worth today. Gia Freer, our Broker of Record, prepares a written opinion of value from our own BeachesMLS data. No automated estimate is published on this site and no price here is produced by software.
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