Georgia Right of First Refusal to Purchase Real Estate is a legal provision that grants certain individuals or entities the opportunity to purchase a property before the owner accepts an offer from another party. This right ensures that the holder has the first chance to buy the real estate under specified terms and conditions. In Georgia, there are two primary types of Right of First Refusal: contractual and statutory. 1. Contractual Right of First Refusal: — A contractual right of first refusal is an agreement between the owner of the property and another party, such as a tenant or neighboring property owner. This right is typically outlined in a lease, rental agreement, or a separate contract. — Under this type of right of first refusal, if the owner decides to sell the property, they must first offer it to the holder of the right, who then has the option to buy it under the agreed-upon terms. — The holder of the right must usually exercise their option within a specified time frame, often in writing, and comply with any other conditions stipulated in the agreement. 2. Statutory Right of First Refusal: — In Georgia, there are certain situations where statutory provisions grant the right of first refusal to specific parties, even if there is no contractual agreement in place. These usually apply to situations involving government entities or specific property types. — For example, under Georgia law, municipalities have the power to exercise a right of first refusal for property being sold by a public housing authority. — In some cases, statutory rights of first refusal may also apply to tenant associations or community organizations in certain residential development scenarios. To exercise the right of first refusal, the holder must be vigilant and aware of any potential sales of the property they are interested in. Being proactive is essential, as failure to respond within the specified timeframe may result in the loss of the opportunity to purchase the property. It is important to consult with a qualified real estate attorney familiar with Georgia laws to fully understand the implications and requirements associated with exercising the right of first refusal. They can provide guidance and ensure that all legal obligations are met, protecting the interests of the potential purchaser.