Legal Question in Real Estate Law in Florida

I would like to know is how the Florida courts really define what is meant by "first rights to purchase" or "right to first refusal". I was told that under Florida state law the above words mean: that a sale of a building (or property) by the property owners to another despite a "right to first refusal" by the renter does not violate the law because the sale was between 2 organizations with a prior relationship, and that the sale was not a public offering but a private arrangement. This means the property owner only has to follow the "right to first refusal" if he wants too.

Asked on 12/31/09, 8:16 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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Whomever told you that is wrong. Although your specific rights would depend on the language of your agreement, a typical right of refusal means just that and the seller cannot just ignore it and sell to whomever he or she wants. Now, if the right of first refusal goes on to say . . . except to someone with whom the seller has a prior business relationship, then that would allow a sale to such an entity without getting your refusal first, It all depends on what the contract says.

Answered on 1/06/10, 5:24 am

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