Who pays for title insurance and title closing fees?

[gkisystems]

What is the name of your state (only U.S. law)? Wisconsin.

Here is the language of the home sale contract:

CONVEYANCE OF TITLE: Upon payment of the purchase price, Seller shall convey the Property by warranty deed free and clear of all liens and encumbrances, except: municipal and zoning ordinances, and agreements entered under them, recorded easements for the distribution of utility and municipal services, recorded building and use restrictions and convenants, and general taxes levied in the year of closing, which constitutes merchantable title for purposes of this transaction. Seller further agrees to complete and execute the documents necessary to record the conveyance.

FORM OF TITLE EVIDENCE: Seller shall give evidence of title in the form of an owner's policy of title insurance in the amount of the purchase price on a current ALTA form issued by an insurer licensed to write title insurance in Wisconsin.

PROVISION OF MERCHANTABLE TITLE: Seller shall pay all costs of providing title evidence. For purposes of closing, title evidence shall be acceptable if the commitment for the required title insurance is delievered to Buyer's attorney or Buyer not less than 3 business days before closing, showing title to the Property as of a date no more than 15 days before delivery of such title evidence to be merchantable, subject only to liens which will be paid out of the proceeds of closing and standard title insurance requirements and exceptions, as appropriate.

TITLE ACCEPTABLE FOR CLOSING: If title is not acceptable for closing, Buyer shall notify Seller in writing of objections to title by the time set for closing. In such event, Seller should have a reasonable time, but not exceeding 15 days, to remove the objections, and the time for closing shall be extended as necessary for this purpose. In the event that Seller is unable to remove said objections, Buyer shall have 5 days from receipt of notice thereof, to deliever written notice waiving the objections, and the time for closing should be extended accordingly. If Buyer does not waive objections, this Offer shall be null and void. Providing title evidence acceptable for closing does not extinguish Seller's obligations to give merchantable title to Buyer.

There are no other mentions in the contract regarding titles or fees for titles and/or title insurance.

Is it the Buyer, the Seller, both, or neither responsible to pay for "title insurance" and a title "settlement or closing fee?"

[gkisystems]

My guess would be that the Seller is responsible because it says:

"Seller shall give evidence of title in the form of an owner's policy of title insurance..."

and

"Seller shall pay all costs of providing title evidence."

However, I'm not really sure - so any help is much appreciated.

[nextwife]

In WI, it is both in the State Ba approved offer language, and accepted as standard practice that it is the SELLER's responsibility to provide a title policy insuring that they are giving the buyer good title. The seller pays for the OWNERS POLICY (which, in WI includes the search and exam and title premium). The good news is that WI has very competitive title fees and you should be able to get a VERY fair price, compared to most of the country.

The buyers pay for the title insurance for their title loan policy.