exercise the municipality's right of first refusal
service description
Exercising the right of first refusal means that when purchasing a property in its municipal area, the municipality has the right, under certain conditions, to allow itself or a third party to enter into the purchase contract and subsequently become the owner of the property. The right of first refusal may only be exercised if the public good justifies it.
The exercise of the right of first refusal can be excluded under certain circumstances or can be averted by the purchaser.
procedure
The seller or buyer informs the municipality about the content of a purchase contract.
If there is no right of first refusal or if the municipality does not exercise it, the municipality must issue a certificate regarding this at the request of one of the parties involved (so-called negative decision/certificate).
If the municipality exercises the right of first refusal, an independent purchase contract is re-established between the seller and the municipality. In principle, the same conditions apply to this (including with regard to the purchase price) that the seller had agreed with the original buyer. However, the purchase price may be price limited if the agreed purchase price significantly exceeds the market value. In this case, the seller can withdraw from the contract.
The right of first refusal is exercised vis-à-vis the seller; The buyer must be informed of the decision.
legal basis