Definition
The right of first refusal (ROFR) is a contractual right giving its holder (beneficiary) priority to purchase an asset if the owner decides to sell.
**How it works**: 1. The seller receives a third-party offer 2. They must notify the ROFR beneficiary of the offer terms 3. The beneficiary has a specific period (e.g., 48-72 hours) to exercise their right or waive it 4. If exercised: transaction completed on the same terms as the third-party offer 5. If waived: the seller may complete with the third party
**Mortgage contexts**: - **Commercial tenant**: in some commercial leases, the tenant has a ROFR on the leased premises - **Co-owners**: in undivided co-ownership, co-owners often have mutual ROFRs - **Family arrangements**: common in family real estate inheritance transfers
**Impact on financing**: A ROFR can make a property less attractive to ordinary buyers (risk of transaction being cancelled if the beneficiary exercises their right). Some lenders hesitate to finance properties encumbered by an unexpired ROFR. Check during title examination.
**Distinction from preemption right**: The right of preemption (civil code) is exercised even before the property is listed for sale; the ROFR is exercised upon a concrete offer.