ContractsIntermediateCalifornia Exam

A 'right of first refusal' clause in a real estate contract gives the holder:

AThe exclusive right to purchase the property at any price they choose, as typically drafted in a residential purchase agreement
BThe right to match any bona fide offer the seller receives before the seller can sell to a third partyCorrect
CPriority over all other liens on the property, consistent with common contract law principles
DThe right to lease the property before it is offered for sale, per standard contingency and disclosure practice

Why The right to match any bona fide offer the seller receives before the seller can sell to a third party Is Correct

Answer B: The right to match any bona fide offer the seller receives before the seller can sell to a third party

A right of first refusal (ROFR) gives the holder the opportunity to purchase the property on the same terms as any third-party offer before the seller accepts that offer. If the ROFR holder declines, the seller may proceed with the third-party sale.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

Key Contracts Terms in This Question

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