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Updated 5 days ago on . Most recent reply

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Isaac Passmore
6
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26
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What are common terms for Right of First Refusal

Isaac Passmore
Posted

So I am in an incredibly unique situation where the seller doesn't want to sell after being under contract for several weeks. I do not want to force them to sell if they truly wish to stay in their home. However, the only indication I've gotten is that they are upset with the price and feel they can get a better deal. For context, they have been trying to sell this property for nearly a year. I'm very confident they are trying to sell. However, in the off chance there's a human reason they want to stay in their home I want to let them but I also want to protect myself and not be taken advantage of. I want to purchase this house and am prepared to move forward based on the existing contract. 

I am meeting with a lawyer on Monday to discuss various documents we need to have ready by closing in case this deal continues to go sideways. I want to discuss drafting up a Right of First Refusal agreement to cloud the title of the property. For those that are familiar with this option, what are some terms you look for or draft up in a Right of First Refusal? 

Has anyone made Right of First Refusal transferable? (meaning, if I don't have the funds when the seller is ready to sell, I can turn around and sell the rights to purchase first to someone else) Would this be done through something like "a person or entity to be named later"? 

If given the opportunity to purchase this property in the future, I would like to purchase this property through an LLC, however, the current purchase agreement contract is written in my personal name.

Creative ideas welcome!

(I got really lucky by stumbling across this option by going to a house showing today that has Right of First Refusal by the county. Wasn't even aware this was a thing...) 

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