[WSBARP] Thoughts on a ROFR for real property

[Craig Blackmon]

'Mates, I just learned - or perhaps relearned - that a right of first
refusal does not create an interest in land. *Old Nat'l Bank of WA v.
Arneson, *54 Wn.App. 717 (1989)*. *

If that is the case, then what is the remedy if the grantor conveys the
property to a third party without giving the grantee the opportunity to
exercise the right? The grantor would be liable for damages - but no
specific performance absent an interest in the land, right?

Or am I missing something?

If this is correct, then an ROFR should have a liquidated damages clause,
right? Otherwise what would be the damages?

Thanks for any insight you can share. And if anyone has an ROFR I can crib,
that would be appreciated as well.

Craig
Craig Blackmon, Attorney at Law
Seattle Real Estate Lawyer <http://www.seattlepropertylawyer.com/>
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