Legal Question in Real Estate Law in Virginia

I am selling a house in Maclean, VA that I received as part of my divorce settlement. However, a clause in the settlement offerred my ex the right of first refusal. I have notified him of the asking price after the appraisal (which is in line with market prices) and given him 15 days to respond before putting it up publicly at that price. He says that ROFR must be advertised in the public listing and he can match it when an official offer is made. If I do not do it that way, he says he will send a claim to the selling agent once it is listed. What is my obligation to him? What actions can he take to screw things up, which is really his goal. Thank you for any help.


Asked on 9/01/09, 2:44 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

It depends on the wording of the document granting the right of first refusal. You should have this reviewed by a lawyer. It is likely that, at a minimum, if you intend to accept an offer for less than the listing price, you will need to offer that same deal to your ex.

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Answered on 9/06/09, 9:53 pm


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