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Real Estate Transactions › Contract Terms › Right of First Refusal

Tucker Arensberg, P.C.

Structuring Right of First Refusal Clauses: Dos and Don’ts to Avoid Legal Landmines

Tucker Arensberg, P.C. on

A Right of First Refusal (ROFR) Clause is an optional clause that may be included in certain commercial leases which grants a tenant the first right to buy the property should the owner decide to sell....more

Stark & Stark

Understanding the Right of First Refusal Clause in Real Estate Transactions

Stark & Stark on

What is a right of first refusal clause in a real estate transaction? A right of first refusal, “ROFR,” may be considered a common clause seen in real estate agreements. But the effects of an ROFR can be quite harmful if...more

Cadwalader, Wickersham & Taft LLP

ABCD ... ROFR and SLL June 2022 - The Strengths of Rights of First Refusal

Cadwalader, Wickersham & Taft LLP on

On March 30, 2022, the New York State Supreme Court, New York County (the “Court”) decided in Times Square JV LLC v. Walber Broadway LLC that a ground lease-tenant that is in default under the ground lease for failure to pay...more

Nelson Mullins Riley & Scarborough LLP

Buyer Beware: The Risk of Ignoring Known Defects in Title Cannot be Cured by “Free and Clear” Bankruptcy Sale

Nelson Mullins Riley & Scarborough LLP on

Envision a scenario in which you purchased a right of first refusal for a parcel of real estate. That right, as bargained for, would let you purchase the parcel if it was put up for sale by matching any competing bidder’s...more

Patton Sullivan Brodehl LLP

Right of First Refusal Overcomes “Uncertain” Language and Bad Faith

Patton Sullivan Brodehl LLP on

A right of first refusal is a contractual right to purchase property that arises when the owner decides to sell. The holder of a right of first refusal has a preference to purchase the property over other purchasers....more

Cadwalader, Wickersham & Taft LLP

The New Normal? June 2021 - Make Me a Right of Refusal I Can't Refuse

Cadwalader, Wickersham & Taft LLP on

The New York State rule against perpetuities is based on the common law rule and provides that “no estate in property shall be valid unless it must vest, if at all, not later than twenty-one years after one or more lives in...more

Stoel Rives LLP

Idaho Real Estate & Development Law Update: Recent Case Highlights Vital Lessons for Holders of Rights of First Refusal

Stoel Rives LLP on

The Idaho Supreme Court provided important lessons to people who deal with rights of first refusal (ROFRs) on real property in its recent decision Mulberry v. Burns Concrete, Inc., No. 45184 (Idaho Feb. 21, 2019). A ROFR is a...more

Bilzin Sumberg

Preemptive Rights and Wrongs: First-Refusal and First-Offer Rights

Bilzin Sumberg on

Sitting in your office, basking in the sense of accomplishment, perhaps hugging a beer or a glass of pinot noir, you have finished the All Brands USA lease for 50,000 square feet at Mallchester Mall after six months of...more

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