Right of First Refusal

"Is right of first refusal recognized for real estate?"

Quick Answer

A contractual right requiring a shareholder who wishes to sell their shares to a third party to first offer those shares to existing shareholders on the exact same terms.

Scope and Legal Distinctions

A right of first refusal normally allows its holder to respond to a proposed third-party transaction under agreed conditions. Its exact effect depends on the instrument and asset.

What to Check in Practice

Define what triggers notice, the disclosed terms, response deadline and completion; distinguish contractual rights from statutory pre-emption.

Sources & Authorities

Statutory framework and official guidance for this definition.

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