The right of first refusal entails

This decision provides important insight into your property rights. Here is what it changes for you.

The situation

The right of first refusal implies an obligation, for the grantor, to give preference to the beneficiary when he decides to sell the property. Therefore, the judgment must be set aside which, in rejecting the claims of the beneficiary of a right of first refusal, holds that only the date of the exchange of consents is to be taken into account and that, since the signed document was a unilateral promise to sell, the sale could only take effect upon the exercise of the option, which occurred after the expiry date of the agreement.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly adhere to statutory limitation periods for bringing claims
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30 min consultation at €45 with Maître Zakine.