[WSBAPT] Q re First right of refusal

[Jennifer Sohn]

I have a client who took title to 95% of a commercial property, as tenants
in common, with H&W (the couple owned 5%). They signed a partnership
agreement (which should have been called a tenancy in common agreement),
which gave each other a first right of refusal. They've owned the property
together for about 20 years.

During the 20 years, the 5% owner (H&W) got a divorce and H owns the entire
5%. The partnership agreement has not been modified.

My client is asserting that, after 5% guy's wife was taken off the title,
the 5% guy's first right of refusal got nullified. I think he still can
assert the right.

Any thoughts?
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