Right of first offer

The right of first offer is a contractual liabilities that gives the owner of the right the opportunity to buy a share of business or stock before it is offered for sale to anyone else. The asset can only be offered for sale to a third party if the right holder does not wish to use his right of way.

  • + Tenants and business share-owners can be safe that the owner will not sell the property from them.
  • + A quick and favorable transaction can be established between the tenant-landlord or owner-operator, should the owner sell his asset.

  • - The holder of the right to make the first offer has a limited time to make an offer and the seller is not obliged to accept it.
  • - The right of first offer favors the seller.

The right of first offer is most common in the real estate development industry, but it also often occurs in the case of leasing contracts, where the right comes into effect if the owner leasing you want to sell your property during. However, the right to make the first offer is far from unknown capital investments in the case of you corporate takeovers, acquisitions neither in the case of 

In the contract, the parties agree that the owner is obliged to provide the property, other assets, share of business or stock offer for purchase prior to making an offer to any other party.

The holder of the right must indicate within the deadline specified in the contract if he wishes to assert his right and must make a purchase offer. This can be accepted or rejected by the seller. If he refuses, the owner can sell the asset to someone else without restrictions. If the sale is not successful, you can return to the first bidder for another bid. In the latter case, however, the bidder is already in a stronger bargaining position and can acquire the asset at a lower price.

Property owners and business owners are usually on the seller's side, while tenants and investors are on the first bidder's side. The most common case is when the tenant in the long-term lease contracts the right of first offer for himself, so that he is not forced to move due to a possible sale. In this case, the tenant is interested in making an understandable, beneficial offer for the property, and the owner is interested in accepting even a lower offer, which allows him to sell his property quickly and save on legal and advertising costs. 

The right of first offer a venture capital investments is also known in the world. Typically, it is included in agreements when selling a company or part of a business share . In such cases, one owner is obliged to offer his share to the other co-owners or investors first before trying to sell it on the market.

Last edited: January 2, 2023

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