QUESTION

Does the right of first refusal make my contract voidable?

Asked on Apr 12th, 2014 on Landlord and Tenant Law - Michigan
More details to this question:
I have a lease with right of first refusal for purchase. The owner next door purchased his property from my landlord with right of first refusal on property that I am leasing. His is dated earlier.
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2 ANSWERS

Litigation Attorney serving Bakersfield, CA at Dessy & Dessy
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If the right of first refusal was a significant inducement for you to enter into the lease, and you had no knowledge that anyone else had a right of first refusal on the same property, then you could terminate the lease. You would also have the right to sue the landlord, if you pay rent and Which exceeds Fair-market value, because The excess rent would be credited against the purchase price, or for damages, if your purchase option price was less than the fair market value.
Answered on Apr 14th, 2014 at 2:04 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Generally, the first right of refusal actually written will tend to prevail. I do not understand however what you are questioning. The fact that the first right of refusal in your contract is secondary to a previous one may or may not be a material breach. You are going to have to confer with an attorney.
Answered on Apr 14th, 2014 at 11:44 AM

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