When your offer is accepted, your Realtor may recommend a title company they have worked with before. But does that mean your Realtor automatically gets to make the final decision?
Not necessarily.
A recommendation can be helpful, but it is not always a requirement. Depending on the transaction, the selection may also be affected by your purchase contract, who pays for title insurance, your lender’s requirements, and local closing practices.
Below is a clear, buyer-friendly explanation of who may choose the title company, and what you should understand before closing.
Not sure how the title process works after your offer is accepted?
Explore Berkshire’s Buyer Education resources here → [BUYER EDUCATION LINK]
Can My Realtor Choose My Title Company for Me?
Your Realtor can recommend a title company, but a recommendation does not automatically mean you are required to use that company.
Real estate agents often recommend providers because they have experience working with them and trust their ability to :
- Communicate clearly
- Meet important deadlines
- Coordinate with lenders and attorneys
- Address title issues before closing
- Keep the transaction moving efficiently
That experience can be valuable. However, you should still understand how the company was selected and whether you can compare other options.
Key takeaway :
Your Realtor can guide the decision, but you should not feel excluded from understanding or discussing your available choices.
Do I Have to Use the Title Company My Realtor Recommends?
Not always.
Before accepting or changing the recommendation, review your purchase contract and ask :
- Is a title or closing company already named?
- Who is paying for the owner’s title insurance policy?
- Has the title search already been ordered?
- Can I compare another provider?
- Does my lender need to approve the company?
- Would changing companies affect any fees or deadlines?
According to the Consumer Financial Protection Bureau, title services are commonly among the closing services borrowers may be permitted to shop for. However, the services you can shop for can depend on your lender, and an outside provider may still need to meet the lender’s requirements.
What buyers should understand :
Having a choice does not always mean changing providers is necessary. It means knowing whether the recommendation is optional and having enough information to make an informed decision.
What Does RESPA Say About Choosing a Title Company?
One common misconception is that federal law simply says, “The buyer always chooses the title company.”
The actual protection is more specific.
Under Section 9 of the Real Estate Settlement Procedures Act, a seller generally cannot require a buyer using a federally related mortgage loan to purchase title insurance from a particular company as a condition of the sale.
This does not automatically mean the buyer controls every title, escrow, attorney, or closing-related service.
The final arrangement may still depend on :
- The purchase contract
- Who pays for the title policy
- The type of transaction
- Lender approval
- State and local closing practices
Key takeaway :
RESPA provides important buyer protection, but every transaction should still be reviewed based on its specific contract and circumstances.
Have questions about what happens during the title process?
Learn more about title insurance here → [TITLE INSURANCE PAGE LINK]
Does the Buyer or Seller Choose the Title Company?
The answer can vary.
In some transactions, the buyer selects the title company. In others, the seller may have the first choice because the seller is paying for the owner’s title policy. The purchase contract may also identify who selects the provider.
In certain areas, the buyer and seller may even use separate companies for their respective sides of the transaction.
The most important questions are :
- What does the contract say?
- Who is paying for the policy?
- Which company will issue the title insurance?
- Which company will handle settlement or closing?
- Has the lender accepted the provider?
Important distinction :
Who pays for title insurance and who performs the closing are related questions, but they do not always have the same answer.
Does the Lender Have a Say in the Decision?
Yes, the lender may have requirements for the company participating in a financed closing.
Even when you are permitted to shop for title services, your preferred company may still need to satisfy the lender’s standards.
The lender may consider :
- State licensing
- Underwriter approval
- Closing and escrow procedures
- Insurance requirements
- Ability to follow lender instructions
- Experience in the property’s location
Before selecting a different company, ask your lender whether it will work with that provider.
What this means for buyers :
You may have options, but confirming lender acceptance early can help prevent unnecessary delays.
Why Does the Answer Vary by State?
Title and closing practices are not identical across the country.
Berkshire Title Company serves buyers in New Jersey, Florida, New York, Michigan, and Montana, and the process can look different in each location.
For example :
- New Jersey : Attorneys may play an important role in reviewing the contract and coordinating the transaction.
- Florida : The contract, the party paying for the owner’s policy, and even local county customs may affect the selection.
- New York : Attorneys commonly take a central role in ordering and reviewing title work.
- Michigan : The buyer and seller may use different providers for their respective sides of the transaction.
- Montana : Buyers should confirm how title and escrow responsibilities are assigned under the contract and local practice.
This is why buyers should avoid relying on a general rule they heard from someone who purchased property in another state.
Key takeaway :
The property’s location matters. Always confirm how the process works for your particular transaction.
What Should You Ask Before Choosing a Title Company?
Whether you are considering your Realtor’s recommendation or comparing another provider, ask :
- Is the company licensed in the state where I am buying?
- Does it have experience in the local market?
- Will my lender work with it?
- What services and fees are included?
- Who will be my main point of contact?
- How will I receive updates?
- How does the company protect escrow funds and wiring information?
- What happens if the title search identifies a problem?
- When will I receive the title commitment and final policy?
The lowest quote does not always provide the clearest comparison. Make sure each company is quoting the same services and coverage.
Every transaction is different.
If you need help understanding the title and closing process, contact Berkshire here → [CONTACT PAGE LINK]
Final Thoughts: A Recommendation Is Not Always the Final Decision
Your Realtor may recommend a title company they trust, and that recommendation may be a strong option.
However, buyers should understand that a recommendation is not automatically a requirement. Your contract, payment arrangement, lender, attorney, and local practices may all influence the final selection.
At Berkshire Title Company, “You Have a Choice” means you deserve to understand the title process, ask informed questions, and participate confidently in the decisions surrounding your closing.
Have questions about your title company options?
Contact Berkshire Title Company for clear, buyer-focused guidance → [CONTACT PAGE LINK]
This article provides general educational information and is not legal advice. Title-company selection and closing procedures may vary based on the contract, financing, location, and circumstances of the transaction.
