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Buyer or Seller – Who Selects the Title Agent?

For a question that should be very simple, the answer can be counter-intuitive in some situations within the State of Florida. It would be logical to expect that a buyer is the proper party to select the title agent in all transactions since it’s the buyer desiring title to the property to be clean and clear. However, the actual party selecting the title agent in a particular transaction has historically been set by local custom and it varies from county to county.

The good news is that consumers do not have to follow historical local custom, as the standard form contracts within Florida allow the parties to specify whether the buyer or seller will be responsible for selecting the title agent. In this case, a buyer can follow a logical path and take control of the ability to select the title agent. The buyer then gains a greater level of confidence that the title agent will be looking out for the interest of the buyer.

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