Legal Question in Real Estate Law in New York

Can i negate a persons right of first refusal with a quit claim deed


Asked on 7/29/11, 1:39 pm

1 Answer from Attorneys

Paula McGill Paula McGill Attorney at Law

Probably not. The quit claim deed says you give the transferee all rights you have to the property.

However, you don't have any right to transfer the property under the right of first refusal. I assume this right of first refusal is noted in the land records. As a result, the transferee will have notice of your inability to transfer the property until certain conditions are med. Therefore, he would not be an innocent transferee, and the beneficiary of the right of first refusal may be able to void the transfer.

You should consult with a local real estate attorney to discuss other options.

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Answered on 8/06/11, 11:00 pm


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