If you’re selling your home in Florida, especially as a For Sale By Owner (FSBO) or using a flat fee MLS listing service, you’ll need to decide who will handle your closing. That usually means choosing between a title company and a real estate attorney.
While both can facilitate a closing, they serve very different roles. Making the correct choice early in the process can help you avoid delays, reduce stress, and ensure your transaction goes smoothly. Here’s what you need to know.
Who Chooses the Title Company or Real Estate Attorney in Florida?
In Florida, it’s customary for the seller to choose and pay for the title company or real estate attorney who will handle the closing. This isn’t a legal requirement. It’s just a widely accepted practice across most counties.
There are a few exceptions:
- In Broward, Miami-Dade, Collier, and Sarasota Counties, it’s customary for the buyer to choose and pay.
- In all other Florida counties, it’s customary for the seller to make this decision.
This is a negotiable part of the contract, regardless of local custom. As a seller, it’s best to be prepared. You should decide who you’re going to use before listing your property. That way, when you receive an offer, you’ll already know where the buyer should send their escrow deposit and which company will handle the transaction.
Most real estate attorneys and title companies have escrow accounts and can handle these deposits. You’ll simply give the buyer or their agent the contact information for your chosen provider, and they’ll coordinate directly to provide wiring instructions.
Title Company vs. Real Estate Attorney
Although title companies and real estate attorneys can both handle closings, they operate differently.
Title Agents:
- Represent the title insurance company, not you or the buyer.
- Their primary responsibility is to issue the title insurance policy, not to advise or protect either party.
- Cannot give legal advice or draft custom documents.
- If a legal issue comes up, they must refer the matter to an attorney.
- Fees are typically low because they earn commissions from issuing the title policy.
Real Estate Attorneys:
- Represents you, not an insurance company.
- Licensed to give legal advice and prepare custom documents, such as seller financing agreements or trust transfers.
- Can resolve title issues and other legal complications in-house.
- Typically charge more because their fee is for professional legal services, not subsidized by insurance.
This distinction matters. A title company can handle a straightforward sale, but if anything unexpected comes up, they may be unable to help. A real estate attorney is already on your side and can often resolve issues before they even reach your attention.
Why a Real Estate Attorney May Be the Better Choice
While real estate attorneys may charge more for their services, the benefits can far outweigh the additional cost, especially if your transaction is complex.
Proactive Legal Protection: An experienced attorney can spot issues early and handle them immediately, often without the seller even knowing there was a problem. They’re already working for you, so there’s no delay or additional onboarding needed if something goes wrong.
In-House Problem Solving: Attorneys can handle everything in-house, whether it’s drafting a custom deed, resolving a trust issue, or preparing seller financing documents. Title companies simply don’t have that capability.
Cost Structure: A title company might charge $100 to $200 for its services, while a real estate attorney might charge $400 to $600 or more. However, those figures don’t include title insurance, an additional, standardized cost in most closings. The title company’s low fee is subsidized by the title insurance policy they issue. In contrast, an attorney charges directly for their time and expertise.
Peace of Mind: You’re not just paying for paperwork. You’re paying for confidence that your interests are protected. If something does go wrong, you won’t be scrambling to find legal help at the last minute.
Our Recommendation
At List Now Realty, we recommend that all sellers work with a real estate attorney instead of a title company.
You get:
- Legal guidance from the start
- Faster, more efficient resolution if issues arise
- Better protection for your investment
- Peace of mind knowing your closing is in the hands of a professional working for you
While a title company might appear more affordable upfront, they aren’t equipped to protect your legal interests or address complications. If a problem arises, you’ll likely hire an attorney anyway, often at a higher cost and with more stress.
A Trusted Option – Green Line Title, Inc.
Green Line Title, Inc. is a trusted option if you want the value of a title company backed by experienced legal professionals.
Green Line Title is not a law firm, but it is wholly owned by attorneys licensed by the Florida Bar with more than 40 years of combined experience. Although their office is located in Tampa, they can handle closings anywhere in the state.
Like our flat fee MLS service, everything is done remotely, via phone and email, with a mobile notary sent directly to your home or office when it’s time to sign.
Why Sellers Like Working with Green Line Title:
- Cost:
- Lowest closing fee guaranteed, helping you save hundreds
- Keeps more of your proceeds in your pocket
- Convenience:
- Experienced in mobile and remote closings across Florida
- Advanced, integrated closing software for security and efficiency
- Real-time access to your closing file so you always know what’s happening
- Experience:
- Title insurance policies issued through The Fund and Old Republic National Title Insurance Company, trusted names in the industry
- Files are handled by licensed Florida attorneys with decades of experience
- Attorneys can appear in court and take legal curative action when needed*
- Legal representation available for contract and paperwork review for closings not handled by Green Line Title*
*Additional legal fees may apply
Conclusion
Choosing the right professional to handle your closing is one of the most important decisions you’ll make as a seller in Florida. While title companies can manage the basics, they cannot offer legal advice or assist with complications. An experienced real estate attorney provides peace of mind, legal oversight, and real protection throughout the process.
If you’re looking for a cost-effective and experienced option with attorney oversight, Green Line Title, Inc. offers the perfect balance of service and value.
At List Now Realty, we’re here to support you through every step of the selling process. From listing your home on the MLS to connecting you with trusted partners, we make selling your home simple, smart, and secure.