Who Pays Closing Costs in Florida? Buyer or Seller

Both sides pay closing costs in Florida. They are not split down the middle — they are assigned item by item, mostly by long-standing county custom, and then confirmed in the purchase contract.

The short answer

As a working rule: the seller carries the transfer of ownership, and the buyer carries the financing. The seller pays the tax on the deed that moves title; the buyer pays the taxes and fees attached to the loan that funds the purchase. The one item that genuinely moves between them is the owner's title insurance policy, and that is decided by county custom.

What the seller customarily pays

• Documentary stamp tax on the deed — $0.70 per $100 of the sale price statewide. In Miami-Dade it is $0.60 per $100, plus a $0.45 per $100 surtax on anything that is not a single-family residence.
• Owner's title insurance policy — in 60 of the 67 counties. Premiums are set by the state and identical at every agency.
• Title search and examination, and the municipal lien search.
• HOA or condo estoppel fee — see Florida estoppel fee caps and timing.
• Property taxes prorated through the closing date — see how tax proration works.
• Real estate commission, and payoff of any existing mortgages or liens.

What the buyer customarily pays

• Documentary stamp tax on the note — $0.35 per $100 of the loan amount.
• Intangible tax on the mortgage — 2 mills, or $0.20 per $100 of the loan.
• Lender's title policy — usually issued at the $25 simultaneous-issue rate when an owner's policy is written at the same closing.
• Recording fees — $10.00 for the first page and $8.50 for each additional page.
• Lender fees — origination, appraisal and credit report.
• Prepaid homeowner's insurance and escrow reserves, plus survey and inspections.

The seven counties where it flips

In Broward, Charlotte, Collier, Lee, Manatee, Miami-Dade and Sarasota, the buyer customarily pays for the owner's title insurance policy. That matters for more than the bill: under Florida custom, the party paying for the owner's policy ordinarily selects the closing agent. So in those seven counties the buyer normally chooses the title company; in the other 60 the seller normally does.

Five of the seven sit along the southwest Gulf coast; Broward and Miami-Dade are the Atlantic-side exceptions. The deed documentary stamp tax stays with the seller in all seven.

Who pays what in all 67 Florida counties

The customary payer of the owner’s policy, county by county — which is also a map of who ordinarily picks the closing agent. Tap any county for its own closing cost calculator with local recording fees and millage.

Highlighted rows are the seven buyer-pays counties. In the other 60 the seller customarily pays — and customarily chooses the closing agent.

Free Florida Closing Calculators

Who pays real estate closing costs on a cash purchase

With no loan there is no note, no mortgage and no lender. That removes the doc stamps on the note, the intangible tax, the lender's title policy and every lender fee — usually the largest part of the buyer's column. The seller's side barely changes: the deed doc stamps, the owner's policy where custom assigns it, prorated taxes and commission all remain. See title insurance for cash buyers.

It's negotiable — and the contract wins

Custom is a default, not a rule. In a competitive market a buyer may offer to pay items the seller would normally cover; in a slow market a seller may absorb the buyer's costs as a concession. The standard FAR/BAR and “AS IS” contracts assign each of these items explicitly. Whatever you agree, get it written into the contract — the closing statement follows the contract, not the custom.

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The bottom line

Expect the seller to pay the deed documentary stamp tax everywhere, and the owner's title policy in all but seven counties. Expect the buyer to pay everything attached to the loan, plus the owner's policy in Broward, Charlotte, Collier, Lee, Manatee, Miami-Dade and Sarasota. Then check the contract, because it overrides all of it. For the actual dollar figures, see how much closing costs are in Florida.

General information, not legal advice. County customs vary and can change; the purchase contract controls who pays. Confirm current local practice for your county.

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Frequently Asked Questions

Does the buyer or seller pay closing costs in Florida?

Both do. Florida closing costs are split by item, not 50/50. The seller customarily pays the documentary stamp tax on the deed and, in most counties, the owner's title insurance policy. The buyer pays the financing costs: doc stamps on the note, intangible tax on the mortgage, the lender's title policy and lender fees.

Who pays closing costs in Miami-Dade and Broward?

In Miami-Dade, Broward, Sarasota, Collier, Lee, Charlotte and Manatee the buyer customarily pays for the owner's title insurance policy — the opposite of the other 60 Florida counties. The seller still customarily pays the documentary stamp tax on the deed.

Who pays the documentary stamp tax on the deed in Florida?

The seller customarily pays it. The rate is $0.70 per $100 of the sale price statewide, except Miami-Dade, where it is $0.60 per $100 plus a $0.45 per $100 surtax on property that is not a single-family residence.

Who pays real estate closing costs on a cash purchase in Florida?

On a cash purchase there is no loan, so the buyer's largest items disappear: no doc stamps on a note, no intangible tax, no lender's title policy and no lender fees. The seller's side is largely unchanged.

Can the buyer and seller negotiate who pays closing costs?

Yes. County custom is only the default starting point. The FAR/BAR and AS IS contracts let the parties assign who pays each item, and the contract always controls over custom.

Why does whoever pays for title insurance also choose the title company?

Florida custom ties the two together — the party paying for the owner's policy ordinarily selects the closing agent. That is why the closing agent is customarily chosen by the seller in most counties and by the buyer in the seven buyer-pays counties.