Registered pre-emption right after the expiration of the lease contract

  • Erstellt am 2017-08-01 23:26:15

HorstHuf

2017-08-01 23:26:15
  • #1
Hello, we would like to buy a plot of land. We already had an appointment with the notary where he informed us that there is still a right of first refusal of the former tenants registered in the land register. The seller supposedly did not know about it; she received the land as a gift years ago. The lease contract expired in 2014 and the tenants vacated the land. We know from the neighbors that the tenants wanted to buy the land at that time and that this led to legal disputes. So the seller must actually have known about the right of first refusal because that was the cause of the disputes. Be that as it may, if she told the tenants three years ago - at the time of the lease contract’s expiration - "I am not selling at the moment," are the former tenants obliged to cancel the right of first refusal? And how does that work in practice? I look forward to your answers, thank you very much in advance!
 

ypg

2017-08-01 23:36:17
  • #2
The addressee of the pre-emption right holder is contacted by the notary and must sign the refusal before the notary, then it continues :)

Regards, Yvonne
 

Escroda

2017-08-02 00:24:09
  • #3
That depends on how the right of first refusal came about and how it is formulated in the land register. If it only states that Ms. X or Mr. Y was granted a right of first refusal, without reference to the lease agreement, deadlines, or other conditions, and no other verifiable agreements or contracts for cancellation exist, the right of first refusal remains in effect. What did the notary say about how to proceed? From what I know: If you agree with the seller and sign the notary contract, the notary asks the holder of the right of first refusal whether they want to enter into the contract under these conditions. If yes, you are out; if not, see Yvonne.
 

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