Recent Right of First Refusal Agreement Expert Legal Chats

How can I enforce my Right of First Refusal? In [REDACTED], my family members and I entered into a Right of First Refusal (ROFR) Contract with [REDACTED] regarding the sale of family's homesteaded land in [REDACTED], Oklahoma. The reason we included this ROFR was because we agreed to sell the land to [REDACTED] at a discounted price ($700 per acre), under the condition that if he later decided to sell, he would first offer it back to family members at either $700 per acre or fair market value, whichever is lower for the *** acers of land. On [REDACTED], I received correspondence from [REDACTED] attorney, [REDACTED], claiming the ROFR contract is unenforceable due to an alleged lack of consideration. The attorney requested all family members sign waivers relinquishing any rights under this agreement by [REDACTED], or they intend to file legal action. I strongly disagree with their assertion. The discounted sale itself clearly represents valid consideration, and multiple email communications from [REDACTED] demonstrate clear intent, mutual understanding, and explicit acknowledgment by [REDACTED] himself regarding the conditions of our agreement. He has been offered above $1400 an acre and is trying to sell it to a third party. Immediate questions I have for you: Should we formally respond to [REDACTED] attorney prior to [REDCATED], explicitly rejecting their claims and formally exercising my right under the contract? Would filing a Lis Pendens or other notice in [REDACTED] be advisable to protect my rights and prevent the sale to a third party pending resolution? Are there any immediate actions you recommend before the opposing attorney’s stated deadline?

Dolan W.

Answered on Mar 25, 2025

Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: Beyond the direct family members involved in the original agreement, are there any other individuals or entities who may have knowledge of, or be affected by, the Right of First Refusal?

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