The right to the first offer is also used when a business is sold. An entrepreneur can give partners or investors the right to make a first offer before bringing it to the general market to put them on the third. While the right to “first dibs” and the usefulness of time are already sufficient to make a right of first refusal a great advantage for tenants, there could be financial incentives to get excited. Conversely, the right to first refusal is an obstacle for the landowner, as it limits the ability to negotiate with several buyers who could push up the price in a bidder war. In the example above, the landlord may have a hard time attracting buyers if he knows that the current tenant is always the first to wait in line to buy. However, if obtaining the right tenant requires a prerogative of refusal, the owner of the land could still do so. A first offer is closely linked to a pre-emption right, but the first is considered favourable to the seller, while the second is considered the beneficiary of the potential buyer. A right of first refusal gives the right holder the opportunity to respond to an offer received from someone who wishes to sell an asset. First-rate assets may be more difficult to sell because potential buyers may not want to have the trouble of negotiating an agreement that must first be offered to another party.
In the case of a property, the right to refuse is a provision of a lease or other contract. It gives a potentially interested party the right to buy a property before the seller negotiates other offers. It is usually written before an owner launches a property on the market. The right to the first offer is usually a quick process. Since this agreement is developed before the house enters the market, the owner may be able to convince the original person to pay more than the current value of the home. The main drawback for a buyer with first refusal rights is that, since he could receive an offer from a third party at any time, the buyer must be prepared to proceed with a short-term sale. Abe owns a house and Bo offers to buy the house for $1 million. Carl, however, has the right to refuse to buy the house.