Who pays for title insurance in Texas, and does it cost the same everywhere?
Short answer
Title insurance premiums in Texas are set by the Texas Department of Insurance, so every title company charges the same premium for a policy. Who pays for the owner's policy is negotiable between buyer and seller; the TREC contract has a box to choose. You may use any title company you want, and shopping can only save you money on escrow and closing fees.
Sources last reviewed September 19, 2026. General information, not legal advice.
The premium is the same everywhere
The Texas Department of Insurance sets title insurance rates. TDI's consumer FAQ answers the question directly: title insurance rates in Texas are regulated, and all title companies charge the same premium for a policy.
Who pays is negotiable
TDI says the buyer and seller may negotiate who pays the premium. In the TREC resale contract, the paragraph on the title policy has a choice for whether the owner's policy is furnished at the seller's expense or the buyer's expense.
You choose the title company
TDI states you may choose any title company you want. You do not have to use a company selected by a real estate agent, builder or lender.
Where you can actually save
Because the premium is regulated, TDI says shopping is about the other charges: you can shop around for cheaper escrow fees or closing costs, which differ between title agents.
TDI also notes that when an owner's policy and a loan policy are purchased at the same time, the loan policy is issued at a discounted price of $100.
Frequently asked questions
- Is title insurance the same price from every Texas title company?
- Yes. TDI states that title insurance rates in Texas are regulated and all title companies charge the same premium for a policy.
- Who sets Texas title insurance rates?
- The Texas Department of Insurance sets the premium rate.
- Who pays for the owner's title policy in Texas?
- The buyer and seller may negotiate who pays. The TREC resale contract has a choice between the seller's expense and the buyer's expense.
- Do I have to use the title company my agent recommends?
- No. TDI says you may choose any title company you want and do not have to use one selected by an agent, builder or lender.
Sources
- Texas Department of Insurance: Title insurance FAQsPremiums identical across companies; TDI sets rates; who pays is negotiable; choose any title company; shop escrow fees; $100 loan policy when issued with an owner policy.
- Texas Department of Insurance: Title insuranceTexas uses state-promulgated title insurance rates.
- TREC: One to Four Family Residential Contract (Resale), form 20-19The title policy paragraph and its seller's-expense / buyer's-expense choice.
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