Legal Question in Real Estate Law in Massachusetts
Validity of a Right of Refusal Option
A seller accepted my offer to purchase property A. My offer was contingent on gaining the right of first refusal on the seller's eventual sale of a separate, contiguous lot, property B. I purchased property A, but did not record a lien on the contiguous property B. I assumed that my written purchase offer and its written acceptance by the seller gave me a contractual right of first refusal on the contiguous lot? Was this an enforceable contract? The seller eventually sold property B 10 years later without giving me the right of first refusal. Is there a statute of limitations applicable to any protesting the seller's disregarding the right of first refusal issue?
1 Answer from Attorneys
Re: Validity of a Right of Refusal Option
As a matter of contract (assuming the contract is in writing and valid), you have the right as against the seller. However, because you did not record the right of refusal in the land records, you cannot enforce it against the buyer unless he had actual knowledge or unless he did not pay value for the property. You can sue the seller for damages (if you can prove damages), but you probably cannot force the buyer to give up the property.
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