It's one of the most common questions Florida agents ask about closings: “Am I even allowed to recommend a title company?” The short answer is yes — and doing so is completely normal. But there's a bright line under federal law you can't cross, and knowing exactly where it sits protects your license and keeps your closings clean.
- A Realtor can recommend a title company — that's legal and common.
- A Realtor cannot require a client to use a specific company, and cannot accept a kickback for the referral (RESPA Section 8).
- Whoever pays for the owner's policy usually picks the title company — and that's set by county custom and the contract.
- Agents and title companies can work together through fair-market co-marketing, education, and disclosed affiliated business arrangements — just never pay-for-referral.
The short answer
Yes, a Florida Realtor can recommend a title company. Recommending a trusted, responsive title partner is a normal part of guiding a client through a transaction — the same way you might suggest a lender, inspector, or insurance agent. Buyers and sellers expect the recommendation and usually welcome it.
The two things you can't do: you can't require your client to use a particular company (the consumer always keeps the right to choose), and you can't accept anything of value in exchange for steering the business their way. Recommend freely; never sell the referral.
What RESPA Section 8 actually says
The rule everyone means when they ask this question is Section 8 of the Real Estate Settlement Procedures Act (RESPA), which governs federally related mortgage loans — in practice, almost every financed residential purchase or refinance in Florida.
Section 8 does two things:
- Section 8(a) — no kickbacks. You can't give or accept a fee, kickback, or “thing of value” in exchange for referring settlement-service business (title, escrow, closing).
- Section 8(b) — no unearned fee-splitting. You can't split a charge for settlement services unless real work was actually performed for it.
What Section 8 does not prohibit is the recommendation itself. Educating a client, sharing your experience, and suggesting a company you trust are all fine. The violation is getting paid for the referral — whether that payment is cash, free marketing, a “desk rental” that isn't a real rental, event tickets, or padded fees.
Who actually chooses the title company in Florida
Here's the part that trips up a lot of agents. In Florida, the party that pays for the owner's title policy customarily picks the title company — and who pays is set by county custom, then confirmed in the contract.
- In most Florida counties, the seller pays for the owner's policy and customarily selects title.
- In Miami-Dade, Broward, Sarasota, and Collier, the buyer customarily pays — and chooses.
“Customarily picks” is not “gets to require.” The consumer paying always retains the right to shop. As the agent, your job is to recommend a company that will close on time — then let your client decide. For the full county-by-county breakdown, see who pays for title insurance in Florida.
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How Realtors legally partner with a title company
Plenty of successful agents build real, ongoing relationships with a title company — and it's entirely legal when it's structured around value given and received, not referrals sold. The lawful ways to work together include:
- Co-marketing at fair market value. Split the cost of a joint ad, flyer, or social campaign where each party pays its own proportional share of the actual cost. You pay for your half of the marketing — not for referrals.
- Education & CE classes. A title company can teach continuing-education and lunch-and-learn sessions for your office. Knowledge is not a kickback.
- Deal support tools. Net sheets, market data, closing timelines, and buyer/seller guides you can hand to clients — provided to everyone, not tied to referral volume.
- Responsiveness & service. The most valuable — and most legal — thing a title partner offers is closing your deals on time so you look great to your clients.
The test is simple: are you paying for (or receiving) something of real, fair-market value — or are you being paid for the referral? The first is fine. The second is a Section 8 violation.
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Affiliated business arrangements (ABAs)
Sometimes a brokerage and a title company share common ownership — that's an Affiliated Business Arrangement, and RESPA permits it, but only under strict conditions:
- The relationship is disclosed in writing to the client (an ABA Disclosure Statement) at or before referral.
- The client is not required to use the affiliated company — the recommendation must be optional.
- The only thing of value passed back is a return on ownership interest, not a per-referral payment.
ABAs are legitimate and common, but they're scrutinized. If you have (or are considering) one, keep the disclosure clean, the choice truly optional, and the economics tied to ownership — not referral counts.
Best practices for recommending title
- Recommend two or three, not one. Offering options reinforces that the choice is the client's and keeps you clearly on the right side of the line.
- Put the choice in writing. Let the buyer or seller confirm their selection in the contract or via email.
- Recommend on merit. Choose a title partner for responsiveness, accuracy, and on-time closings — the things that actually protect your reputation.
- Never accept pay-for-referral. If a “marketing” deal only makes sense because of the referrals it generates, it's a red flag.
- Keep co-marketing at fair value. Pay your proportional share of real marketing, and keep records.
Grow Your Business With a Title Partner
Atlantic Title Firm partners with Florida Realtors the right way — compliant co-marketing, CE classes, and closings that make you look great in front of every client.
General information, not legal or compliance advice. RESPA and its exceptions are fact-specific; consult your broker's compliance counsel before entering any marketing or business arrangement. County customs vary and the purchase contract controls.
