Who Chooses the Title Company, Buyer or Seller?

By
Real Estate Agent with The Diamond Group @ Keller Williams

The policy of title insurance is provided by the Title Company and the cost is negotiable for either the buyer or seller to pay.  Each region has a customary way to handle who pays for the title policy, but remember that it is negotiable.

In our region the seller usually pays for the policy, unless it is new construction; then the buyer generally pays for the title policy.

According to RESPA, either of the parties can choose which title company is used.  It is up to the informed clients.  We are very fortunate in our area to have many fine title companies for our clients to choose from.

If forced to use a particular title company a buyer can sue for triple damages of the cost of the title insurance policy, so remember to inform the client of their choices.

Posted by

The Diamond Group of Keller Williams Realty

'A Cut Above The Rest'

4747 S. Loop 289 Suite 110

Lubbock, Texas 79424

 

806.771.HOME (4663)

thediamondgroup@kw.com

www.lubbocktxhomes4sale.com

 

 

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Rainmaker
643,195
Marchel Peterson
Results Realty - Spring, TX
Spring TX Real Estate E-Pro

Elizabeth, We have wonderful title companies in our area also.  There are so many things to negotiate to me this is just not a biggy. It amazes me when an agent digs their heals in and insist on a title company.  Rarely is it the seller or buyer that is insistent. 

Jan 02, 2011 01:16 PM #1
Ambassador
922,497
Frank Rubi
Frank Rubi Real Estate, LLC - Metairie, LA
FrankRubiRealEstate.com

Elizabeth, I offer up to three closing company here to chose from when we are the buying agent. 

Jan 02, 2011 01:17 PM #2
Rainer
11,318
Jessica Harwick
Howard Hanna Smythe Cramer - Wadsworth, OH

We have issues with this ALL the time. I've even lost a deal because the only counter back from the seller was the change of our title co to the seller agent's title co. My buyer got cold feet and walked, and could because of that one little change. Chances are she would have found an inspection item to get out. But this issue irks me! Most of our agencies have a title co affiliation and it never fails that this is an argument by the other agents. I let my client choose and the other agent always argues for their affiliation. Great post!

Jan 02, 2011 01:18 PM #3
Rainer
226,762
Tricia Hoffmann
Your Home Free - Highland Village, TX

Oh yes, this happens all the time.  I had an agent send me the RESPA rules in a PDF one time that the buyer gets to choose.  Ugh...get a life!

Jan 02, 2011 02:44 PM #4
Rainmaker
217,258
'The Diamond Group' 'A Cut Above The Rest'
The Diamond Group @ Keller Williams - Lubbock, TX
Lubbock Texas Real Estate

Marchel, you are so right.  It is usually the agent that has the affiliation. The client could care less.

Frank, that sounds like a good way to treat the client and much more fair to all

Jessica, thank you.  I have to admit there are some that I prefer over others, but they are really all very good and get the job done.  Sorry you had that bad experience, but you are probably right, they would have walked over something else.

Tricia, it seems to be more important to some than others; and it's too bad that some agents have to get in the way of the deal

 

Jan 03, 2011 03:47 PM #5
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