When you sell a home, you may ask who pays for title insurance? Usually, the seller is responsible for the owner’s title insurance policy, while the buyer covers the lender’s policy. However, this division of costs can change based on local customs and what is agreed upon in the sales contract.
Whether you’re selling a home in Austin, TX, Seattle, WA, or Atlanta, GA, this Redfin guide will walk you through who pays for title insurance, how it protects both parties, and what to expect at closing.
What is title insurance?
Title insurance provides crucial protection for both homeowners and lenders against possible problems with a property’s ownership history. This coverage ensures confidence that the title is valid and transferable, guarding against issues such as boundary disputes, unpaid taxes, or undisclosed heirs.
There are two types:
- Owner’s Policy: Covers the homeowner’s investment and protects against title defects.
- Lender’s Policy: Protects the mortgage lender’s interest in the property.
>> Read: When Selling a House, Who Pays for What?
Who pays for title insurance?
Typically, the seller is expected to pay for the owner’s title insurance policy, while the buyer covers the cost of the lender’s policy. However, this division of cost is not one size fits all. Who pays for title insurance often depends on local customs and the specifics negotiated in the purchase agreement. Therefore, it is crucial to review the closing disclosure and negotiate the payment terms before the final contract is signed.
Regional differences in payment responsibilities
Payment responsibilities for title insurance can vary widely by region, depending on local traditions and market norms. For instance:
- Seller-pays states: Florida, Texas, and Washington often expect the seller to pay for the owner’s policy.
- Buyer-pays states: In places like California and Oregon, the buyer typically handles both policies.
- Split-cost regions: In some markets, buyers and sellers split expenses like home warranties, inspections, or closing costs—negotiating who pays what based on who benefits most from the coverage.
Why does title insurance matter?
Title insurance acts as a safety net for future issues that could arise, like clerical errors, unknown heirs, or contractor liens, which can surface long after a home sale, jeopardizing ownership. Without title insurance, resolving these defects is costly, time-consuming, and stressful, potentially leading to thousands in legal fees or loss of investment. Title insurance provides essential security by covering defense costs and resolving undisclosed problems, protecting your claim against future challenges.
Title insurance can protect you from:
- Clerical errors in public records
- Unknown liens or judgments
- Missing heirs or ownership disputes
- Forged signatures on prior deeds
How much does title insurance cost?
Title insurance is a one-time premium paid at closing. On average, it costs between 0.5% and 1% of the home’s purchase price, though rates vary by state and provider.
A few factors that influence cost include:
- The home’s purchase price and location
- The insurer’s rate structure
- Whether you buy both lender’s and owner’s policies together (bundling can lower costs)
>> Read: How Much Does Title Insurance Cost and Is It Required?
How to lower title insurance costs
While title insurance is a one-time cost, there are a few ways to reduce how much you pay without sacrificing coverage.
- Shop around: Premiums vary by provider.
- Bundle policies: Buying both lender’s and owner’s policies from the same provider can save money.
- Negotiate: In competitive markets, sellers may agree to cover more costs to attract buyers.
Protecting your closing from start to finish
So, who pays for title insurance? While the answer depends on your state and negotiation, the key takeaway is that both policies protect essential interests, the buyer’s ownership and the lender’s investment. By understanding your obligations early, you’ll avoid delays and surprises at the closing table and ensure a smoother sale.
FAQ: Who pays for title insurance
1. Is title insurance required for every home sale?
The lender’s policy is mandatory when there’s a mortgage; the owner’s policy is optional but highly recommended for long-term protection.
2. Can buyers and sellers negotiate who pays for title insurance?
Yes. Many closing costs, including title insurance, are negotiable depending on local customs and market conditions.
3. How long does title insurance last?
The owner’s policy lasts as long as you own the property. The lender’s policy lasts until the mortgage is paid off.
4. What happens if a title issue is discovered after closing?
Your title insurance company will defend your ownership rights and cover eligible costs related to the claim.
5. Do cash buyers need title insurance?
It’s not required, but still encouraged. Title insurance protects against undiscovered ownership disputes or liens, even in cash transactions.