Well, not one agent in 100 knows this (one of my agents taught me), but according to RESPA, the buyer picks, period:

http://www.hud.gov/offices/hsg/sfh/res/respamor.cfm#HE2

Greg - I don't understand the various answers. The buyers chooses the title company.

Hi Greg,My buyers always choose. That is the way it has always been. If the sellers choose someone else then we have a split settlement. Buyers rule.

Hi there,

Good question.

Actually, I think RESPA says if the seller selects services...then the sellers pay those costs. I used to keep a photo copy of the reg.in my planner and used it on occassion. Bottom line, it was like beating a dead horse. (Sorry for the use of the term, but I think you know what I mean.)

I am in the Utah market and we typically do split closings.

We have Seller's policy and a lender's policy. The buyer and seller each close where they want. 

Yeah the buyer can pcik their title company. However if it is a cash deal then there is no title insurance on the buyer side, then the only insurance issued is the seller's policy to the buyer.

As for RESPA, did you ever buy a HUD home? You will close with their title company.

These responses are all great, and I did know that it was done differently throughout the country. I had forgotten about split closings. In California one of the reasons there is such a wrestling match is the seller picks up the majority of the costs, at least in Southern California. Regarding RESPA, I did read section 9 of RESPA and how it talked about a seller not being forced to use a title company as a condition of the sale. So I could see in some States how the buyer would have a say in where the closing is handled. Southern California's fees for a lenders policy are substantially reduced when the same company is used so a buyer never wants to go to another title company for their loan policy. Thanks for all the feedback and keep it coming. I haven't heard service or price mentioned yet as a condition of which company is chosen. See You In Escrow

   The owner does not have to buy a policy. The seller pays for the lender's policy. It is optional for

 the buyer to buy his policy. On a 100% financiang, buyer has no money to be insured, why buy

a policy. It is a rip off. No title company will tell you that. But if it is contested and all the parties

are gone except the buyer and insurance carrier, that is when the buyer realizes he bought

decreasing term and his downpayment of $10,000 MAY get only $5,000. NO ONE tells them that

going into the deal.

Hi Marty, my answer will probably be dismissed because I am one of those folks that doesn't think Title Insurance is a rip off. I think it is a bargain. Where else can you protect your most valuable asset for a one time fee that is a pittance of many of the other fees paid during the process? I can give you many examples of folks that were happy they had a policy of title insurance. Large claims are not all that regular (we work hard to keep it that way) but when they come they are usually very expensive to defend. In Southern California a seller usually buys the buyer an owners policy of title insurance in an effort to show the buyer what they are acquiring. I don't know too many buyers that would just trust the seller these days. I'm not sure what you meant by your comment regarding term insurance, but I certainly agree with your right to disagree with my positions. Thanks!

Once upon a time, I didn't care who the title company was, so it didn't bother me - until I had a few terrible transactions...now I will fight for the title company no matter which side I am on. No forcing, but a definite sales pitch with references if needed.

Dawn, I find that once it matters the best negotiator usually ends up being the most influential. You would be one of those. Thanks for commenting!

This is ActiveRain at its best! I had a listing agent pretty much tell me I was stupid for not knowing that "since the seller is buying the title policy, he picks the company". I knew it was in RESPA but couldn't find the specific paragraph so I googled "buyer chooses the title company" and pulled this posting right up!

I happily pasted Elite Properties link into an email (and told him I promise I wouldn't be a know-it-all throught the rest of the transaction!). Thanks for helping me share the education!

How about that Julie! The rain came through. Good luck with your negotiations and escrow.