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ContractsOption_contracts_and_right_of_first_refusalMEDIUM

A commercial tenant has a right of first refusal in the lease. The landlord receives an offer from a buyer that includes a requirement to demolish the building. Must the landlord present this offer to the tenant?

Correct Answer

D) Yes, the landlord must present any bona fide offer for the tenant to match before accepting

A right of first refusal generally requires the owner to present any bona fide offer for the holder to match, regardless of the buyer's intended use.

Answer Options
A
No, because demolition offers are excluded from rights of first refusal
B
Yes, but only if the building is worth more than the land
C
No, because the tenant's right only covers offers at the current use
D
Yes, the landlord must present any bona fide offer for the tenant to match before accepting

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Related Topics & Key Terms

Key Terms:

option_contracts_and_right_of_first_refusalcontractsright_of_first_refusalcommercial

Related Concepts

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

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