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Right of First Refusal for Rental Property
Posted on 1/9/18 at 4:58 pm
Posted on 1/9/18 at 4:58 pm
The building has 3 suites and 2 are open. The current offer is the tenant wants one suite with a ROFR on the second suite. Research indicates the ROFR makes the second suite not as valuable to a prospective tenant, (after second suite rented with ROFR in place). I'm not clear on why this would de-value the second suite, but my guess is that no one wants to offer top dollar only to be told your offer has to be put on hold while we have it reviewed by a 3rd party. I'm new to this so would appreciate any advice. TIA
Posted on 1/9/18 at 5:26 pm to MadDoggyStyle
I don't see why it would devalue the suite too much. As the seller/lessor, I would like this provision, bc i would have a shot at two buyers/lessees as soon as someine inquired about the property.
It might be a bit of a hastle, but I don't see why it would lower the value. However, I don't know exactly what's going on.
Regardless, make sure the term for your grantee's acceptance is very short, bc you don't want to slow down your buyer/lessee. 2-3 days should be plenty for a neighbor to decide if they want the neighboring property.
It might be a bit of a hastle, but I don't see why it would lower the value. However, I don't know exactly what's going on.
Regardless, make sure the term for your grantee's acceptance is very short, bc you don't want to slow down your buyer/lessee. 2-3 days should be plenty for a neighbor to decide if they want the neighboring property.
Posted on 1/9/18 at 10:02 pm to TSLG
Good point. I could see it having mote impact if you were selling, but renting, maybe not so much. Thanks for the feedback.
Posted on 1/10/18 at 10:02 am to MadDoggyStyle
I would also guess that the ROFR may take out a certain percentage of the market from renting the 2nd space right?
ROFR is so that people can help protect themselves from competitors or someone that would hurt their business. If you rent it to a lawyer, he may not want another lawyer occupying the 2nd space and therefore it removes all lawyers from renting which may or may not be a lot of your potential tenants?
ROFR is so that people can help protect themselves from competitors or someone that would hurt their business. If you rent it to a lawyer, he may not want another lawyer occupying the 2nd space and therefore it removes all lawyers from renting which may or may not be a lot of your potential tenants?
Posted on 1/10/18 at 10:28 am to MadDoggyStyle
if you are the owner stay away from ROFR, it can get real messy on who you are actually giving the ROFR to. For instance if alot of time passes he's leasing under a trust it can get all kinds of screwed up if they have kdis.
Posted on 1/10/18 at 4:03 pm to trillhog
I own the building and lease would be for 3 years. I am thinking I will give him 6 months to excercise an option on the 3rd suite. I just don't want a messy situation where potential tenants do not want to sign a contract on a building that has an ROFR on it.
What do you guys think about letting the original tenant lease both suites and sublease parts out to other professionals, like CPA's, etc. I would want the right to approve any sub-lessee to prevent someone like a day care or tattoo parlor coming in.
Thoughts?
What do you guys think about letting the original tenant lease both suites and sublease parts out to other professionals, like CPA's, etc. I would want the right to approve any sub-lessee to prevent someone like a day care or tattoo parlor coming in.
Thoughts?
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