Contracts & Transactions

Right of First Refusal

A contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.

Full Definition

A right of first refusal (ROFR) gives the holder the opportunity to purchase a property on the same terms as an offer received from a third party before the owner can accept that third-party offer. Unlike an option contract, the holder cannot force a sale — they can only match an existing offer. The owner must notify the ROFR holder when an offer is received, and the holder has a specified time to exercise the right or waive it. ROFRs are commonly found in commercial leases, partnership agreements, HOA governing documents, and between co-owners of property.

Real-World Example

A tenant has a right of first refusal in their lease. When the landlord receives a $500,000 offer from a buyer, the tenant has 10 days to match that offer and purchase the property themselves.

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How Right of First Refusal Appears on the Real Estate Exam

Common question types, tested concepts, and what to watch out for

Distinguish between a right of first refusal (holder can only match an existing offer) and an option contract (holder can force a sale at any time during the option period). The ROFR requires an actual third-party offer first.

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