right of first refusal


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Right of first refusal

The right of a person or company to purchase some thing before the offering is made to others.

Right of First Refusal

The right of a person or organization to take advantage of a transaction before it is open to other parties. For example, a seller and potential buyer of a house may agree that the buyer has right of first refusal. Then, if the seller receives a better offer from another potential buyer, she must take the offer to the first buyer and, if that buyer accepts, sell to him rather than the second buyer. One party may pay for the right of first refusal, and it may be built into a contract. See also: Earnest money.

first refusal, right of

The right to buy or rent real property if and when the owner decides to sell or lease.The owner is under no obligation to ever sell or lease,though.Contrast this with an option, in which the the person who wants to buy or lease (optionee) has a legal right to require the owner (optionor) to sell or lease,but the optionee does not have any obligation to buy or lease.With a right of first refusal,control is in the owner.With an option,control is in the other person.

Care should be taken when drafting a right of first refusal.The parties should specify an expiration date, a price or method of calculating the price, and what happens if the purchaser-lessee declines to buy or lease at a particular point: Does the right of first refusal end, or does it continue to the next time?

The parties should give particular thought and attention to describing the triggering event.What gives rise to the ability to exercise the right of first refusal? Is it the owner merely soliciting offers, or must there be a bona fide offer from a third party before the party will be notified and given the first opportunity to buy or lease? What if the owner dies? Does the party have a right to buy the property before it passes to the heirs?


right of first refusal

The right to match a third-party's offer and purchase property if it is offered for sale. The owner has no obligation to sell to anyone, however. The term “right of first refusal” is often used interchangeably with option,but an owner who grants an option is obligated to sell if the recipient of the option chooses to exercise it. Contrast right of first offer.

References in periodicals archive ?
Typically, a would-be buyer will pay the property owner a fee in order to obtain a right of first refusal on a property.
Selectmen did not vote on their right of first refusal. Ms.
Taking up this right of first refusal is thus seen as a potential resolution to the tugofwar as it can potentially allow a consolidation of control in OCLP within the AyalaRafael Ortigas alliance.
"The decision by our board to waive our right of first refusal was predicated on the quality of the partner," Morien CEO John Budreski said, referring to Foresight.
Alphaland's share in the marina and joint venture company was reportedly assigned to Ashmore but the Wenceslao Group was not asked first whether it would exercise or waive its right of first refusal, the statement said.
In general, there are three ways of addressing future needs--an option to expand, a right of first refusal, or a right of first offer.
The Mennonite Quarterly Review has the "right of first refusal" for scholarly articles that result from research funded by the grant.
Par also has a right of first refusal to obtain the exclusive commercialisation rights for an additional new product utilising one of IntelGenx' proprietary drug delivery platforms.
Mihailov was once on the books of Liverpool but never played a match because of work permit issues, but even after his loan move to Twente became permanent, the Anfield club reportedly kept a right of first refusal for the player.
L&L Holding Company has dropped a lawsuit against Barclays that alleged it had a right of first refusal to acquire the distressed office building 475 Fifth Avenue.
"Elan has one of the best neuroscience businesses in the world, but now Biogen has right of first refusal on Tysabri and J&J has right of first refusal on bapineuzumab.
Canadian Superior Energy Inc (TSX: SNG) (NYSE Alternext US: SNG), a Canada-based company that explores for oil and gas, has received from BG International Limited (LSE: BG) (BGI) a notice of election regarding BGI's right of first refusal.