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.
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