[RPPTL LandTen] Right of First Refusal
Eric.Rapkin at akerman.com
Eric.Rapkin at akerman.com
Wed Jun 12 14:37:42 PDT 2013
Hi David. Attached are two articles that might help to start out. The first one is not terrific (I wrote it), but has some cites to cases and other articles that might be helpful. The second one is terrific, it's a recent law review article by John Murray with First American (extraordinarily prolific real estate author).
Eric D. Rapkin
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eric.rapkin at akerman.com
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Wednesday, June 12, 2013 5:23 PM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Right of First Refusal
Learned colleagues:
A lease gives the tenant the right of first refusal to purchase the leasehold property “on the same terms and conditions” that the landlord offers to a third party. The landlord desires to sell the leasehold property as part of a portfolio of properties and not individually. Is the purchase of the portfolio a term and condition that the tenant must abide by or can the tenant force the landlord to carve out the leasehold property for a separate sale?
David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
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