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Recording the agreement imparts constructive knowledge and prevents the possibility of a bona fide purchaser. For this reason, the ROFR should be recorded in each county where the property is located.
Right of first refusal in real estate is a clause that gives a potential buyer the first opportunity to purchase a piece of property. It's common with, but not limited to, renters looking to buy from their landlords and families prepping for estate inheritances.
If the seller gets another offer before the buyer's home has sold, the seller offers the buyer a "right of first refusal", meaning they will give the buyer anywhere from 24 to 72 hours to pull the trigger on the sellers house otherwise the earnest money will be returned to the buyer and the seller will take the backup ...
This Right of First Refusal to Purchase Real Estate is made on this the ____ day of __________,20____ , by and between ______________________, hereinafter referred to as the ?SELLER? and ________________________, and his/her assigns, hereinafter referred to as the ?PURCHASER?.
The most important lesson from this case is to ensure any interest in land is properly recorded in the deed records immediately. This is certainly true for rights of first refusal, but can also be important for other rights such as leases or easements.