Most buyers don’t realize they can shop title services. They assume the title company is “just part of the deal,” and they go with whoever is already in the transaction.
But Illinois law recognizes a simple principle: if you’re obligated to pay for title insurance, you have the right to choose the title insurance company and agent
The key takeaway:
When you’re paying for the title services, you should have the right to choose the provider.
That single decision can reduce fees and improve the closing experience—especially when it’s handled early and coordinated correctly.
Below is a cleaner, step-by-step explanation of bifurcated title (and why it can work so well with EV Häs). If you want us to confirm whether your contract and lender allow it, send the offer and we’ll review it quickly.
Save at Closing
Send your contract and we’ll confirm whether bifurcation is available—and what it could save you.
What Is Bifurcation of Title?
Bifurcation of title is when the buyer chooses a different title company than the one selected by the seller’s attorney—so the buyer’s side of the title services is handled by the buyer’s preferred provider.
Why it matters: title fees can vary widely, and some buyers can lower costs significantly simply by choosing a more competitive title partner.
It’s not “weird.” It’s a choice. And Illinois law supports the buyer’s right to choose the title provider when the buyer is the party obligated to pay for title insurance.
What the Law Says: The Law Is on Your Side
Illinois’ Title Insurance Act states it is the public policy of Illinois that parties to a residential real estate sale who are obligated to provide and pay for title insurance have the right to choose the title insurance company and title insurance agent. :contentReference
It also states that a lender or “producer of title business” cannot require the party paying for the title insurance to use a specific title company as a condition of providing services.
Plain-English translation:
If you’re paying for the title services, you may have the legal right to choose the provider—and you shouldn’t be boxed into someone else’s default option.
Note: This is a general educational explanation. Whether bifurcation makes sense depends on your contract terms, lender requirements, and timing.
Why Bifurcate With EV Häs?
When bifurcation is coordinated early and handled correctly, buyers often get three benefits at once: cost control, smoother communication, and fewer avoidable closing mistakes.
When you bifurcate with EV Häs and use our trusted title partner, you may unlock:
- Meaningful savings on title-related fees (transaction-dependent)
- Clearer communication and real-time updates
- Bilingual support throughout the process
- A cleaner closing workflow with fewer last-minute surprises
Why this works:
Discounts and smoother performance happen when the title partner already knows the attorney’s expectations, timelines, and document standards—so coordination is faster and issues are resolved earlier.
If you’re comparing options, the goal isn’t just “cheaper.” The goal is cheaper without chaos. Bifurcation done late—or done poorly—can cause friction. Done early with the right team, it’s often a net improvement.
Ask Early
The earlier bifurcation is requested, the smoother the coordination with the seller’s team usually is.
How Bifurcation Works
The process is simple when you do it early:- Ask to bifurcate early (offer stage or attorney review).
- You choose your title company for the services you’re paying for.
- We coordinate with the seller’s team so roles are clear.
- Your title company handles escrow + lender docs on the buyer side.
- You close with a clearer workflow and potentially lower costs.
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Timing tip:
If bifurcation is requested late (right before closing), coordination becomes harder. Early notice makes it smoother. :
Why Don’t Most Buyers Know About This?
Most buyers never hear the word “bifurcation” because the default path is profitable for the parties who get chosen automatically. And in a fast-moving deal, many people don’t want to add a decision they don’t fully understand.
But when a buyer is paying for title services, Illinois law is designed to protect the buyer’s ability to choose.
If you’re trying to keep out-of-pocket costs down, the smartest time to ask about savings is before you’re locked into a closing schedule and a vendor stack you didn’t choose.
Your Concerns and the Truth
1) Is it legal?
Yes—Illinois law supports the right of the party obligated to pay for title insurance to choose the title insurance company and agent.
2) Will it delay closing?
Not usually if it’s requested early and coordinated properly. Late changes can create friction, so timing matters.
3) Is it complicated?
It doesn’t have to be. A coordinated attorney + title partner can keep the workflow clean.
4) Why haven’t I heard of this?
Because the default providers often benefit when buyers don’t shop—and buyers rarely get coached on how title selection works.
Best practice:
Ask about bifurcation during attorney review—not the week of closing.
If you’re already under contract, you’re not “too late” in every case—but the sooner you ask, the more likely the process stays smooth.
Who Usually Benefits Most From Bifurcation?
Bifurcation is especially useful for buyers who are trying to manage cash-to-close and want more predictable, transparent costs.
It can be a strong fit when:- You want to shop fees instead of accepting the default
- You want tighter communication and fewer last-minute surprises
- You want your closing handled with a more buyer-first mindset
If you’re unsure, send your contract for a quick review and we’ll tell you whether bifurcation is available and how to execute it cleanly.
Eligibility depends on the deal.
Contract terms, lender requirements, and timing can affect whether bifurcation is practical—so it’s smart to confirm early.
Ready to Save on Your Closing?
If you’re under contract (or about to be), we can review your documents and confirm whether bifurcation is available in your transaction—and what it could realistically save you.
Send Us Your Contract
Response within 24 hours (business days).
Call: (312) 775-0980
Email: clients@evlawgroup.com
Reminder: This page is educational only and not legal advice. Every closing is different, and savings vary by transaction.
Get a Fast Review
Email your documents and get a response within 24 hours (business days).
Frequently Asked Questions
Quick answers about bifurcated title and your right to choose in Illinois.
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