1. If initialed by all parties, the clauses below will be incorporated into the Florida Realtors/Florida Bar
Residential Contract For Sale And Purchase between__________________________(SELLER)
and__________________________(BUYER) concerning the Property described
as____________________________________________________________________ ________
Buyer's Initials _____ _____ Seller's Initials _____ _____
CONDOMINIUM RIDER: RIGHT OF FIRST REFUSAL TO PURCHASE REAL ESTATE
1. GRANT OF RIGHT OF FIRST REFUSAL: The Seller does hereby grant unto the Buyer the exclusive and
irrevocable right, during the term of this agreement, of first refusal and first option to purchase, upon
the terms and conditions hereinafter set forth, Seller’s property situated in ____________ County,
_____________, including without limitation the following described property together with all
improvements located thereon, hereinafter referred to as the “PROPERTY”.
(a) Seller acknowledges and agrees that the Condominium Association does not have a
right of first refusal. If the Condominium Association has a right of first refusal, this
agreement is contingent upon the Condominium Association, within the time permitted
for the exercise of such right of first refusal, either providing written confirmation to
Buyer that the Association is not exercising that right of first refusal, or failing to timely
exercise such Right pursuant to the terms of the Declaration of Condominium
("Declaration", which reference includes all amendments thereto).
(b) The members of the Condominium Association acknowledge and agree that they do
not have a right of first refusal. If the members of the Condominium Association do
have a right of first refusal, this agreement is contingent upon the members, within the
time permitted for the exercise of such right of first refusal, either providing written
confirmation to Seller that the members are not exercising that right, or failing to timely
exercise such right of first refusal pursuant to the terms of the Declaration.
(c) Seller and Buyer shall, within seven (7) business days after Effective Date, sign and
deliver any documents required as a condition precedent to the exercise of the right of
first refusal, and shall use diligent effort to submit and process the matter with the
Condominium Association and members, including personal appearances, if required.
2. NOTIFICATION OF COMPETING OFFER: In the event that Seller receives a competing offer to
purchase the property Seller shall notify Buyer immediately. Seller's notification shall be in writing and
delivered by certified mail. Seller's notification shall include the name of the proposed purchaser(s)
and shall include receipts that establish that proposed buyer has deposited in escrow all funds
necessary to close within thirty (30) business days of notification.
3. EXERCISE OF RIGHT OF FIRST REFUSAL: This right of first refusal to purchase the property may be
exercised by Buyer within thirty (30) business days from receipt of notification. In the event that Buyer
desires to exercise the first of refusal rights granted under the terms of this agreement, Buyer shall
notify Seller in writing and closing shall take place within thirty (30) business days from Seller's
notification. If the thirtieth day is a religious holiday then closing shall occur on the next business day
following such religious holiday.
4. TERMS OF PURCHASE: In the event Buyer exercises the right of first refusal the terms of purchase
shall be the same as the terms agreed to in the contract of sale dated_______________ 2016.
2. 5. TITLE: Within seven (7) business days after the Buyer has exercised their right of first refusal, the
Seller shall deliver to the Buyer a Certificate of Title or Title Abstract covering the property, which
shall reflect that marketable fee simple title to the subject property is vested in Seller and that same is
insurable by a title insurance company licensed to do business in the State of Florida. Should said
Certificate or Abstract reflect any other exceptions to the title unacceptable to Buyer, Buyer shall notify
the Seller in writing of any defects within five (5) business days and the Seller shall have a reasonable
time but not more than eight (8) business days in which to make the title good and marketable or
insurable, and shall use due diligence in an effort to do so. If after using due diligence the Seller is
unable to make the title acceptable to Buyer within such reasonable time, it shall be the option of the
Buyer either to accept the title in its existing condition with no further obligation on the part of the
Seller to correct any defect, or to cancel this Agreement. If this Agreement is thus canceled, all money
paid by the Buyer to the Seller upon the execution of this Agreement or upon any extension shall be
returned to the Buyer, and this Agreement shall terminate without further obligation of either party to
the other. If title is acceptable to Buyer, the closing shall occur within ten (10) business days after
expiration of the “title review period”. At closing Seller shall convey title to Buyer by Warranty Deed
subject only to exceptions acceptable to Buyer.
6. TERM AND EXTENSION: The term of this agreement shall begin ____ from the Effective Date. This
agreement may be extended by mutual agreement between in Buyer and Seller in writing for an
additional _____ months prior to the expiration of the initial term.
7. DEFAULT: This contract shall be binding upon and inure to the benefit of the heirs, administrators and
assigns of the parties hereto and upon default in any of the terms of this Agreement the defaulting party
agrees to pay all costs of Court and a reasonable attorney’s fee.
8. BROKER: In the event that Buyer does not exercise the right of first refusal Broker(s) will not be
entitled to any fee from Buyer.
Hecht Law Group
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Fax: (800) 419-3186
Email: mitchell@hechtlawgroup.com
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