[WSBARP] Right of first refusal

[Timothy Lehr]

Question for the Brain Trust:

It was recently discovered through a title report that client's property contains a right of first refusal granted to another party to "match within 30 days any bona fide offer received by [client] for the purchase of [client's] 10 acres located at..."

Question is - can client gift the property to a family member without springing the ROFR into effect? (Pure gift, no consideration) Client is elderly and wants to gift property as part of her estate planning. Client wanted to clear the issue up for her kids before passing away by offering to compensate the owner of the ROFR in exchange for termination, but the owner refused and is essentially sitting on it.

Any thoughts or citations to relevant statutes are appreciated!

Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.

p:   360.855.0131
e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<http://www.stileslaw.com>

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