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The value of the right of first refusal to the holder at the time an offer was made by a third party should be the difference between the inherent value assumed by the assignee and the offering price by the third party.
Once that is done the ROFR holder has the option of purchasing the property instead or waiving their ROFR and allowing another sale to go through. To get to closing, a title company has to have a signed Waiver of Right of First Refusal document in the file before funding can occur.
A right of first refusal (ROFR) is an option contract whereby the holder of the right has the future option to purchase property when the owner intends to sell it. The holder of the ROFR has the right to purchase the property prior to any other third party who seeks to purchase it.
A right of first refusal is a fairly common clause in some business contracts that essentially gives a party the first crack at making an offer on a particular transaction. In real estate terms, the phrase right of first refusal operates similarly.
THE TAKEAWAY A right of first refusal is an agreement between a property owner and a second party who wants to have the first chance to purchase the property when it comes on the mar- ket. The agreement is triggered when the owner receives a third-party offer to buy the property.