Buying a home involves more than choosing a property and securing financing. It also means deciding who will help verify the property’s ownership history and coordinate important parts of the closing.
Many buyers assume the title company has already been chosen by their Realtor, lender, or seller. In many transactions, however, buyers can shop for title and settlement services.
The exact answer may depend on the purchase contract, who is paying for the title insurance, lender approval, and local closing practices.
Below is a clear, buyer-friendly explanation of what you should understand before title work begins.
Not sure how title-company selection works in your transaction?
You can ask Berkshire about your available options here → [CONTACT PAGE LINK]
Can Buyers Choose Their Own Title Company?
In many home purchases, buyers can request or select the title company they want to work with.
According to the Consumer Financial Protection Bureau, homebuyers can shop for certain title and settlement services identified on their Loan Estimate. Your lender may provide a list of available companies, but you may also be able to request another qualified provider if the lender agrees to work with that company.
Your options may depend on :
- The terms of the purchase contract
- Who is paying for the title insurance
- Your lender’s provider requirements
- State and local closing practices
- Whether a closing attorney is involved
Key takeaway :
Buyers often have a choice, but that choice should be confirmed before title work is ordered.
Does Your Realtor Choose the Title Company?
A Realtor may recommend a title company, but a recommendation is not always the same as a requirement.
Real estate professionals commonly recommend companies they have worked with successfully. An existing relationship may help with communication and coordination, but buyers should still understand why the provider is being recommended.
Before agreeing, ask :
- Is this company only being recommended?
- Is the company already named in the purchase contract?
- Does the brokerage have an affiliated relationship with it?
- Can another qualified title company be considered?
If the brokerage has a financial interest in an affiliated title company, the relationship should be disclosed according to applicable requirements.
Important distinction :
A professional recommendation can be helpful, but buyers should still be informed and comfortable with the provider handling their transaction.
Want to understand what a title company does before making your decision?
Read our buyer-friendly title insurance guide here → [TITLE INSURANCE BLOG LINK]
Can the Seller Require a Particular Title Company?
Not in every situation.
Section 9 of the Real Estate Settlement Procedures Act, commonly called RESPA, generally prohibits a seller in a covered mortgage transaction from requiring the buyer, as a condition of the sale, to purchase title insurance from one particular company.
However, this rule is often oversimplified online.
The purchase contract, who pays for the title policy, the type of financing, and state or local practices may affect how the provider is selected. In some markets, the seller may customarily select a provider because the seller is paying certain title-related costs. Those arrangements may also be addressed or negotiated in the contract.
Key takeaway :
Do not assume that a preferred title company is automatically mandatory. Review the contract and ask for clarification before agreeing.
Can Your Lender Approve the Title Company?
Yes. Your lender may require the title company to meet specific professional and operational standards.
This is because the title company may issue the lender’s title insurance policy and help coordinate mortgage documents, funds, and closing requirements.
A lender may consider :
- State licensing
- The title insurance underwriter
- Professional liability coverage
- Closing and funding procedures
- Wire-fraud safeguards
- Experience handling lender requirements
If you want to use a company that is not included on your lender’s provider list, ask whether the lender will approve or work with that company before ordering title services.
What buyers should remember :
Having a choice does not always remove the lender’s ability to confirm that the provider meets its requirements.
Why Does Choosing the Right Title Company Matter?
The title company may handle some of the most important details involved in transferring ownership of the property.
Depending on the state and transaction, its responsibilities may include :
- Researching the property’s ownership history
- Identifying liens, unpaid taxes, or recording problems
- Helping resolve title issues before closing
- Issuing owner’s and lender’s title insurance policies
- Coordinating documents and funds
- Recording documents after closing
Price matters, but it should not be the only factor.
Buyers should also compare :
- Communication and responsiveness
- Local title experience
- Licensing and underwriting relationships
- Itemized fees
- Closing options
- Wire-fraud prevention procedures
- Experience resolving title problems
A company that communicates clearly and identifies problems early can help make the closing process easier to understand.
Every transaction is different.
If you want to ask about Berkshire’s title and closing process, start here → [CONTACT PAGE LINK]
Does Title-Company Selection Work the Same in Every State?
No. Title and closing practices can vary significantly by state and sometimes by county.
For example :
- New Jersey : Buyers commonly pay for title insurance, while attorneys may also play an important role in the transaction.
- Florida : Who selects the title or closing agent is often connected to who pays for the owner’s title insurance policy. County customs and contract terms can differ.
- New York : Real estate transactions are attorney-centered, and the buyer’s attorney commonly coordinates with the title company.
- Michigan : The buyer and seller may sometimes use separate title companies in a split closing.
- Montana : Local experience can be especially important for rural properties, easements, access matters, older legal descriptions, and other property-specific concerns.
These are general practices, not automatic rules for every transaction.
Key takeaway :
The purchase contract and local professional guidance should always be reviewed before deciding who will handle title and closing services.
What Should Buyers Ask Before Agreeing to a Title Company?
You do not need to be a title expert to ask informed questions.
Start with these :
- Who selected this title company?
- Is it being recommended or required?
- Is the company approved by my lender?
- Who will issue the title insurance policy?
- What services are included in the estimate?
- Are there additional settlement or third-party fees?
- Who will be my main point of contact?
- How does the company verify wiring instructions?
- What happens if the title search finds a problem?
- Is there an affiliated relationship I should know about?
A trustworthy title professional should be willing to answer these questions clearly and without pressure.
Final Thoughts: Understand Your Options Before Closing
Choosing a title company should not feel like a decision made behind the scenes.
Buyers can often participate in selecting their title and settlement provider, but the exact options depend on the contract, payment arrangement, lender requirements, and local practices.
The most important step is to ask questions early, before another company begins the title search or closing work.
At Berkshire Title Company, buyer education comes first. Our goal is to help you understand the title and closing process so you can make informed decisions with confidence.
Because when it comes to your closing :
You Have a Choice.
Have questions about choosing a title company for your transaction?
Contact Berkshire Title Company for clear, buyer-focused guidance → [CONTACT PAGE LINK]
