Legal Question in Real Estate Law in California

Re: First Right of Offer

You may have the right to purchase the property, but all of your rights are determined by the language in the lease. If you would fax the lease to me at 714 363-0229, and call me at 714 363-0220, I will provide you with free consultation.

Re: First Right of Offer

You will need to first offer the property for sale to the tenant to whom the "Right of First Offer" was given. Whether the right was contaied in a lease, or in a separate agreement, you should consult that document to determine what, if any, other obligations have been imposed.

You may also want to consult with an attorney who specializes in real estate transactions/ litigation, and have that attorney review any documents you have.

Re: First Right of Offer

The phrase 'first right' of offer, refusal, etc. is a label for a broad category of special options that are triggered by the landlord's action of placing the leased property on the market or some similar action. In order to know what the rights and duties of the parties are, and under what circumstances the rights and duties arise, one must read the underlying contract or lease. The label itself conveys little useful information except to put one on alert that someone may have rights and another party may have obligations upon the occurrence of an event such as placing the property on the market.

A first right of offer differs from a plain-vanilla option in that the right to exercise it does not arise unless and until the landlord takes an affirmative action of some kind, such as listing the property for sale, whereas an ordinary option can be exercised at the will of the option holder at any time, or at specified times, during the option's lifetime.