Special offer
Ty Dwyer, Richmond VA Condo/Townhouse Expert (First Choice Realty)

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Rainmaker
146,655
Damon Botticelli
Vegas Real Estate Photography - Las Vegas, NV
Real Estate Photographer

Seek legal advice.  I think there's some confusion on the terminology.  When a buyer has first right of refusal, there can only be one with that right.

Jun 20, 2016 10:48 AM
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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

If they really want a property that bad then write an offer that will not be topped.

If I were the seller I would look more favorably on offers that were straight forward and clean rather than game players who are muddying my deal with vague changing offers like a first refusal.

Jun 20, 2016 08:50 AM
Rainmaker
613,494
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

I would write a simple "back-up" contract to the existing contract and match the terms.   This would force the first contract to either perform or step aside.

If the first contract does not perform, your contract would then step into its place and you would be in first position. You would then treat that as any offer on a property.

I would not place my buyer into another first right of refusal, as that would be unnecessary and not be in the best interest of my buyer.

Eve

 Ps: a first right of refusal is protection for the seller, not the buyer.

Jun 20, 2016 08:26 AM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

1. Discuss with yout Broker.

2. Discuss with an Attorney.

Jun 20, 2016 09:15 PM
Rainmaker
7,864,454
Roy Kelley
Retired - Gaithersburg, MD

There can only be one first.

Jun 20, 2016 09:04 PM
Rainmaker
634,532
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

I agree with Bob Crane. Make your best offer and don't waste our time with games. 

Jun 20, 2016 06:15 PM
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Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

There can only be ONE first.

Jun 20, 2016 03:53 PM
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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

I don't understand how there could be another first right - there is already one in place. Another offer would only be a back-up.

Jun 20, 2016 03:41 PM
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Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

I'm not sure I understand the scenario. Here tenants have the right of first refusal and may sell that right if they want to.  So if an ordinary buyer had a right of first refusal, it sounds like another buyer could buy the right from the first buyer?  I'll wait for someone who knows what they're talking about to answer this.

Jun 20, 2016 01:36 PM
Rainmaker
2,375,711
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

Just because you want to do something doesn't mean it can be done 

Jun 20, 2016 10:58 AM
Rainer
42,670
Fred Hafdelin
Weichert Realtors - Mountain Lakes, NJ

I guess the two First rights of ref. would bid against each other?

Jun 20, 2016 10:57 AM
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Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

Are you referring to a back-up contract, on a house that is already under contract, and already has a back-up contract on it?

If so, just write a back-up contract.   In really hot markets, it is not unusual to have more than one back-up contract.

Jun 20, 2016 10:39 AM
Rainmaker
913,568
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

It would just be a back up to existing 1rst right holder. If the first potential buyer doesn't want it, then your buyer might be able to aquire the property.

Jun 20, 2016 09:39 AM
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Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Prop. Mgr, Wenatchee, WA

I agree with what Bob Crane said.  First right of refusal doesn't tie up a property, it just gives the principal first opportunity to buy the property for when it is for sale.  Write an offer and make the first right of refusal step up or go away.  

Jun 21, 2016 12:56 AM
Rainmaker
4,582,634
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Who's on first?   

Maybe it's the terminology that can vary by state/jurisdiction but how can there be two firsts?

Jun 21, 2016 12:43 AM
Rainmaker
5,240,377
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Usually associated with a tenant of a property for sale or a condominium association on behalf of current owners!

Why would a seller allow a buyer to have control? Poor representation and no legal counsel!

Jun 20, 2016 11:09 PM
Rainmaker
3,416,038
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

It would put you in second position if the first buyer did not sell their home, the best way to get the home, write a contract without a first right to knock the other offer out. 

Jun 20, 2016 10:49 PM
Rainmaker
5,113,456
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I would get legal advice. In my state we could not write this kind of document. Actually sounds like a bit of an oxymoron to me... how can be "first" if someelse already is? 

Jun 20, 2016 10:15 PM
Rainmaker
991,352
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

You need to get your broker involved and then an attorney - good luck

Jun 20, 2016 09:36 PM
Rainmaker
4,319,773
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Ty Dwyer - best is to check with attorney for appropriate language for this. It does sound a bit more complicated....

Jun 20, 2016 04:32 PM
Rainmaker
1,241,879
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Try this link on the descriptions; First Right of Refusal

Suggest you talk to a real estate lawyer.

Jun 20, 2016 01:43 PM
Rainmaker
3,986,308
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Now, that is a great question

Jun 20, 2016 11:01 AM
Rainmaker
1,157,791
FN LN
Toronto, ON

Legal counsel may be able to provide appropriate wording for your jurisdiction.

Jun 20, 2016 09:55 AM