Appellate Practice Attorney serving New York, NY
Whatever your landlord writes, he has to honor your right of first refusal. If he/she/it does not, you can sue him/her/it for breach of contract. Therefore, if you can match what the landlord is offered for the building, you should be able to keep your business.
The landlord's current actions (publicizing his claim that someone else will be taking over at the end of the lease) could be considered a breach of his duty of good faith and fair dealing under the lease, but frankly it is a close call and I'm not sure if you want to file suit on that basis at this point. However, I think you would be wise to get the word out that your landlord is incorrect; that you have a right of first refusal on the building and have every intention of matching any reasonable offer.
I assume that you have recorded your right of first refusal just as you would record a mortgage; if you haven't DO IT NOW. This puts all potential purchasers on notice of your rights and avoids a risk of losing the builiding to a purchaser who had no way of knowing about your right of first refusal.
I think it would be a good idea for you to consult a Colorado attorney about this matter.
Answered on Oct 15th, 2014 at 9:35 AM