A right of first refusal is a serious detriment to the value and marketability of property and often leads to litigation.
When is ROFR Required? An owner must offer the County the right to buy multifamily rental housing before selling the property to another party. The multifamily housing must include four (4) or more units to trigger ROFR requirements.
What Is a Right of First Refusal? Right of first refusal (ROFR), also known as first right of refusal, is a contractual right that someone has to match or decline to match an offer for an asset after other offers have been made. The person who holds this right is entitled to enter a transaction before anyone else does.
In a right of first refusal, the equity owner has to negotiate and set terms with the potential buyer first. In a right of first offer, the owner must negotiate first with the company before finding a third-party to buy that equity.
A right of first refusal typically limits the seller's ability to negotiate with multiple buyers. They may also have more difficulty attracting potential buyers.
A right of first refusal is a serious detriment to the value and marketability of property and often leads to litigation. In most situations you should avoid granting rights of first refusal if at all possible.
Leverage: ROFR typically gives the tenant more leverage because they can match an existing offer, whereas ROFO requires the tenant to negotiate directly with the landlord without knowing if other offers might be better.
A right of first refusal is a contractual right giving its holder the option to match or decline to match an offer on an asset before the owner can sell it to someone else. The ROFR assures the holder that they will not lose their right to an asset if others express interest in it.