Who picks the title company in a Real Estate transaction in Florida?
Everything is always negotiable – we like to start off by saying that. However, there are precedents that most transactions follow. In 64 out of the 68 counties in Florida the Seller traditionally picks the Title Company and pays for the Owner’s Title Policy. In Miami-Dade, Broward, Collier and Sarasota counties, the Buyer traditionally picks the title company and pays for the Owner’s Title policy.
Does the Seller always pay for Florida title Insurance?
Once again, everything can be negotiated. In 64 of Florida’s 68 counties the Seller picks the Title Company and pays for the Owner’s Title Policy There are two types of Title Policies involved when the Buyer is getting a loan.
Owner’s Title Insurance Policy – This covers the new Buyer in a Real Estate Transaction and is not transferable. It’s good for a single transaction. If someone is added by Quit Claim onto the Deed after the transaction, or the owner’s name is changed into the name of a Corporation after the purchase, the policy becomes null and void.
Lender’s Title Insurance Policy-This protects the Lender if a mortgage is to be held against this property. It is required to be purchased, and is paid for by the Buyer.
What is an Owner’s Title Insurance policy vs. a Lenders Title Insurance Policy?
The Owner’s Title Insurance Policy is to protect the Buyer in a Real Estate transaction from possible outstanding lien holders and missed liens on the property at the time of purchase. Once again, it is NOT transferable to a new owner.
The Lender’s Title Insurance Policy protects a Lender in a Real Estate transaction. It is purchased by the Buyer and is required by their Lender.
What fees does the Seller customarily pay for in a Florida Real Estate sale?
You can check out this link and also read more here for the answer to this question.
Once again, everything is negotiable, but the following are traditionally paid by the Seller in most FL counties:
Title Policy/Title Insurance Premium – Fee amount is based on the purchase price of the property and set by the state of Florida. The Seller usually pays this fee in all counties except Miami Dade, Broward, Collier and Sarasota.
Title Search Fee – Fee charged by a third party to perform the search of the history of the property.
Settlement/Closing Fee – Fee charged by the Title Company to perform their work for a Real Estate closing. This includes order processing, examination and review of title history, time spent resolving any title issues, preparing closing documents, actual time spent conducting the closing, postage, storage and any other fees the Title Company incurs to complete the transaction.
Doc Stamps/Deed Transfer Tax – This is a tax on the Sale of property by the County within which it occurred. It’s set by the county and varies based on the purchase price of the property.
Property Taxes – Outstanding property taxes as well as property taxes for the current year will be paid at closing. The Seller will pay a prorated amount of tax for the current year, based on the amount of time they have occupied the property.
HOA Fees
Estoppel – This is a mandatory document ordered from the HOA to determine outstanding dues, if any. All Home Owner Associations charge a fee for this, and it can vary based on the association.
Outstanding Dues – Once the Estoppel is received, the Seller is will pay the outstanding dues at closing, if applicable. A prorated amount of HOA dues are also the responsibility of the Seller, and are based on the length of time they have ownership of the property. Example: If HOA dues are paid monthly, and the transaction closes in the middle of the month, the Seller will be responsible for paying a prorated amount according to how many days of the month they owned the property.
Real Estate Broker Fees/Realtor Commission – If a Real Estate Agent was hired to sell the property, the fee for their services will be paid at closing.
Outstanding Mortgages – All outstanding mortgages will be paid in full at closing. The payoff amount will be updated up until the day of closing, to make sure the amount is accurate.
Outstanding Tax liens—If there are any outstanding tax liens on the property, they will be paid off at closing, from the proceeds of the sale.
Outstanding Liens – Overall, the Seller will be selling the property debt-free, so whatever liens are tied to the property will be paid off.