Legal Question in Real Estate Law in Texas

First Of Refusal

My grandmother sold some land and along with the sale a first of refusal was given on the rest of the property. Now we are wonting to develope the property that joins the gentlemen with the first of refusal. In order for him to waive his right he has conditions, he wonts R-1 along the boundary line he wonts 2 streets with direct access and unrestricted access across the devloped property to the main highway and he is also demanding a time line for the devlopment to be complete. Can he demand all of these conitions. My understanding of the First Of Refusal is the owner of the Fist Of Refusal has first choice of purchasing the property if an offer is made and if he does not match or bet the offer made then he will waive his right of the refusal. Im a not understanding the rules of the refusal or can the owner of the refusal make demands like he is? My grandmother was diagnosed with dementia during this sale and the gentlemen knew of my grandmothers condition and he really got over on her. I know that he will develope his side of the property once we complete our side to me I think that he is trying to us my development for his own benefit for his future development What do you think? Need some advice here in Texas


Asked on 1/11/06, 3:33 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Right of Frist Refusal

Much depends on the language of the first refusal provision. If you want to rid the property of this encumbrance, the most straightforward approach would be for a third party -- say the entity you are going to develop the property in -- to buy the property from your grandmother. Of course, the risk is that the adjoining owner would exercise his right and buy the land, so you'd have to be careful in setting the price. To advise you further, I'd have to see the documents, which would require your hiring me.

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Answered on 1/11/06, 4:20 pm


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