Right of first refusal: what it is and why it’s useful

A right of first refusal (ROFR) in a real estate contract is a clause that gives an individual first dibs on buying a particular property. If someone other than the specified individual makes an offer, they’re notified by the seller and given the opportunity to match the bid.

Who can arrange an ROFR?
An ROFR clause can be arranged between a tenant and a landlord, between family members or between neighbors. An ROFR can also be offered to a tenant via a homeowners’ association or condo board.

Advantages for tenants
This type of agreement can benefit all parties involved. If, for instance, a tenant is interested in eventually buying the home they’re renting, an ROFR clause gives them the assurance that so long as they have the funds, they’ll be first in line.

Advantages for landlords
On the landlord’s end, he or she maintains the right to sell to the highest bidder and always has at least one interested buyer. As an added bonus, it’s likely to be someone who can purchase the place with little hassle.

If you sign a right of first refusal agreement, make sure that the specifics suit you. Look at details such as the deadline to match an offer and the expiry date of the clause. Additionally, it’s a good idea to consult with a lawyer before entering into any legal agreement.