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Who gets to choose the title company? The seller? The buyer? OMG, the agent?!

By
Real Estate Broker/Owner with Robin Rogers, Silverbridge Realty, San Antonio, Texas 398351

Ken Brand recently wrote a post about who has the right to choose the title company. It got me thinking. The rationale I usually hear is that since the seller customarily pays for the title policy, they get to decide. Presumably, sellers are familiar with all the title companies in town and will select their favorite. Or they will pick the one that is closest to where they live.

I've been recommending the same title company team for the last five years whenever I take a listing. I always request them when I submit a buyer's offer, too. Why? Well, they invite me to their Thanksgiving parties every year. They give me bottled water at closings, and there are always free cookies in the lobby. They send me thank-you cards. And once they even took me to lunch!

"All seriousness aside"...

After countless e-mails that were replied to on weekends or holidays; cellphone calls returned after 5:00; patient answers to all my questions; tricky title issues successfully resolved; horrible agents and their clients neutralized at closing; I think this title company has earned my business for life. I have absolute confidence in recommending them to clients and other parties to the transaction, because they do a Great Job. That should be the only reason anybody should work with a particular title company.

If my seller really does want to work with a different title company, naturally, that's their choice. But I reserve the right to tell them "I told you so" if anything goes wrong.

In case you're wondering, it's the Janysek team at First American Title, located in the SABOR building on IH-10.

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Ā 

Robin Rogers, REALTOR, Broker-owner, TRC, MRP, CRS

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Comments (8)

Brian Brumpton
Keller Williams Boise - Boise, ID
Boise Idaho Real Estate

Robin,

It's legally the buyer who gets to choose the title company but usually buyer or seller unless they've had a bad experience with one don't care.  It's the agents who end up going back and forth over who they end up using.

Sep 14, 2009 08:18 AM
Barbara Bowden
Prudential Jack White/Vista Real Estate - Anchorage, AK

Robin,

In Alaska, the buyer always has the right to choose the title company, regardless of who pays for the title insurance.

Sep 14, 2009 09:43 AM
Dale Baker
Baker Energy Audits and Commercial Properties Inspections - Claremont, NH
New Hampshire Relocation Real Estate Information

Howdy there Robin

Every State that I've lived in and have been a Home Inspector, the buyer is the one that picks the Title Company for their home closing.

This sure is a mighty fine subject, to post for folks to read and learn about.

Baker Home Inspection and Consulting AR Signature

Sep 14, 2009 12:26 PM
Melissa Anderson
Be My Neighbor Mortgage - San Antonio, TX
Your Texas Lender

The buyer can select the title company and in this market a seller would be foolish to press the point. 

With the new regulations regarding APR changes prior to closing, a good title company has become more important than ever.  Title companies that understand a lender's needs and are willing to work with them will last for the long term.

I'm still shocked when a title company refuses to provide us with an estimated hud prior to docs, welcome to the new world of lending.  Either they will adapt or they will become burger flippers.

I encourage my agents to stand firm and try to get the buyer's title company to handle the transaction.

Great post Robin, and I have always had great success with your title company.

Sep 14, 2009 01:56 PM
Shirley Parks
Sands Realty 210-414-0966 - San Antonio, TX
Broker, 210-414-0966, San Antonio TX Real Estate

Hi Robin, I also like the cookies at First American Title where Nancy Janysek is located.  Nancy and her team will appreciate this post.

Sep 14, 2009 02:43 PM
Matt Stigliano
Kimberly Howell Properties (210) 646-HOME - San Antonio, TX

Robin - I just put my first contract over there recently, so far I've been pleased.  What makes me giggle is when an agent calls you back and says "the seller prefers..."  I know how my seller's have reacted to the title company talk.  Very few of them know which company is which and they often could care less who their title company is.  I haven't had cookies at First American.  I'll have to add that to my lunch route...haha.

Sep 15, 2009 12:36 AM
Robin Rogers
Robin Rogers, Silverbridge Realty, San Antonio, Texas - San Antonio, TX
CRS, TRC, MRP - Real Estate Investment Adviser

Hi, Matt and Shirley:

I've worked with most of the closers and title companies in town. I can relax when the Janysek team is handling my file. They always get back to me promptly if they can't answer a question when I call or e-mail them. The cookies are a nice bonus for when I drive over there from Schertz-Cibolo!

Thanks for stopping by!

Robin

Sep 15, 2009 12:40 AM
Charles Stallions
Charles Stallions Real Estate Services - Pensacola, FL
850-476-4494 - Pensacola, Pace or Gulf Breeze, Fl.

I represent sellers 97% of the time but I always let the buyer choose because they will live with the consequeses. But I do suggest my favorite if they ask.

Sep 20, 2009 05:36 AM