Who Picks the Title Company in Florida—The Buyer or the Seller?

March 3, 2026

Buyer

Who picks the title company in Florida, and who actually pays for title fees?

This is one of the biggest points of confusion we see in Northeast Florida — especially in Jacksonville and St. Augustine — and it can easily cost buyers thousands of dollars if it’s handled incorrectly.

Let’s clear it up.

How Florida Contracts Handle Title Companies

Florida real estate contracts are actually very clear on this:

👉 Whoever picks the title company pays the larger amount of title fees.

Now, here’s where things start to matter.

Some title companies:

Charge both the buyer and seller a closing fee
Others:
Charge only the seller a closing fee

So the decision of who picks title directly impacts who pays more money at closing.

What’s Typical in Jacksonville & St. Augustine?

In Northeast Florida, including Jacksonville and St. Augustine, the seller typically picks the title company.

Because the seller picks title, the seller usually:

Pays the bulk of the title fees
Absorbs the seller-side closing costs associated with title

This is very normal and widely accepted in our local market.

Why Buyers Should Be Careful About Picking Title

Here’s where buyers need to pay close attention.

If you are a buyer and your contract states you are picking the title company, that usually means you are paying more in closing costs.

So ask yourself:
Why would a buyer voluntarily take on additional costs?

In many cases, the reason is not benefiting you — it may be benefiting:

The brokerage
The agent
Or a title company they have a relationship with

That’s why this is such a hot-button issue.

A Smarter Strategy for Buyers in Northeast Florida

If you’re writing an offer in Jacksonville or St. Augustine, a strong strategy is to say:

“Seller to select title company.”

Why?

It aligns with local custom
It shifts the majority of title fees to the seller
It lowers your out-of-pocket closing costs

There is no advantage to a buyer picking title in this market unless it’s specifically negotiated for a reason that benefits you.

Red Flags Buyers Should Watch For

If your agent:

Pushes for you to pick the title company
Doesn’t explain the cost difference
Or doesn’t mention this at all

You should ask more questions.

Because if you’re unknowingly paying more at closing due to how the contract is written, it’s fair to wonder:

What else isn’t being explained?

Transparency matters — especially when it affects your money.

What Sellers Should Know

If you’re a seller, picking the title company is normal in our market — but it also means you should:

Understand the title fees you’re agreeing to
Work with a reputable title company
Know exactly what you’re paying and why

A good agent should walk you through that upfront.

Final Takeaway

In Florida:

Who picks title = who pays title fees

In Jacksonville and St. Augustine:

The seller typically picks the title company
Buyers should usually allow that to happen

This small line in a contract can have a big financial impact, which is why understanding it matters so much.

If you’re buying or selling in Northeast Florida, CrossView Realty is here to help.

Give us a call at 904-503-0672 or email info@crossviewrealty.com. We’re always happy to answer questions and make sure you understand exactly what you’re signing.