Who closes a Virginia home sale, and what is title insurance?
Buying
In Virginia the buyer chooses the settlement agent, who may be an attorney, title company or agent, broker, or financial institution. Title insurance has two policies: the lender's protects the lender, and an owner's protects the buyer.
November 1, 2026
Settlement Agents and Title Insurance in Virginia: What Buyers and Sellers Should Know
Curt Reichstetter
In Virginia, the buyer chooses the settlement agent, who handles escrow, closing and settlement. It can be an attorney, a title insurance company or agent, a real estate broker, or a financial institution. Title insurance comes in two policies: the lender's policy protects your lender, and an owner's policy protects you.
What This Covers
The short version
Who chooses the settlement agent
Who can be a settlement agent
Title company or attorney
If you are selling
Title insurance: what it is and which policy you need
How we handle it at Two Dog Realty
Sources
The short version
ARTICLE
Who chooses the settlement agent
ARTICLE
Who can be a settlement agent
ARTICLE
Title company or attorney
ARTICLE
If you are selling
ARTICLE
Title insurance: what it is and which policy you need
ARTICLE
How we handle it at Two Dog Realty
ARTICLE
Sources
ARTICLE
Frequently Asked Questions
What is the difference between an owner's and a lender's title insurance policy in Virginia?
A lender's policy protects your mortgage lender and is typically required with a loan. An owner's policy protects you, and a buyer may choose to purchase it. The lender's policy does not protect your ownership.
What is title insurance, and what does it cover?
Title insurance protects against certain ownership problems that were not found in the title search, subject to the policy's terms, limits and exclusions. You pay once, at closing.
Can a seller use their own attorney or title company at closing in Virginia?
A seller can hire an attorney for separate representation, but there is one settlement agent per transaction and the buyer chooses it. A seller's own title company cannot be the settlement agent.
Should I use a title company or an attorney as my settlement agent?
Both can lawfully serve in Virginia. The right choice depends on your transaction and how much legal guidance you want. Ask each who will handle your file, what they charge, and who prepares the deed.
Do I need an attorney to close on a home in Virginia?
No. A Virginia buyer may choose an attorney or another authorized settlement agent, such as a title company. A seller can hire an attorney for separate representation.
What is a settlement agent in Virginia, and who can be one?
A settlement agent provides escrow, closing and settlement services. It can be an attorney, title company or agent, real estate broker, or financial institution. It does not have to be a lawyer.
Who chooses the settlement agent when I buy a home in Virginia?
In Virginia the buyer chooses the settlement agent. The seller cannot require a particular one as a condition of the sale.
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