In Texas, the choice of a title company is freely negotiated between the buyer and the seller. In the past, the seller has traditionally paid for the title policy, due primarily to the seller’s contractual obligation to pass good title to the purchaser.  However, with the market moving to a 'Seller's Market' we are seeing more Buyer's offering to pay for this policy since this enhances the strength of the offer in competing offer situations.

It makes sense therefore, that the party paying for the policy should be able to choose the provider. However, since the buyer will be the beneficiary of the title policy even when the seller pays, they have every reason to demand that the title insurance be closed and backed by a company they feel is reputable and…

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