Investing Answers Building and Protecting Your Wealth through Education Publisher of The Next Banks That Could Fail
Investing Answers Building and Protecting Your Wealth through Education Publisher of The Next Banks That Could Fail

Right of First Refusal

What it is:

Right of first refusal grants the terms of a transaction to one party to determine if they are interested (i.e., the holder of the right of first refusal) before it is given to a third party.

How it works (Example):

Right of first refusal is a contractual term giving its holder the option to buy or sell something before the owner is allowed to buy or sell the same item to a third party.

A right of first refusal is used in a variety of transactions, including real estate sales, patent license, other intellectual property or even the sale of a business. For example, in real estate, an adjacent property owner may give the right of first refusal to a neighbor. Only if the neighbor passes on the offer for the property would the owner be able to sell it to someone else. In business, investors who participated in developing a technology, for example, may be given the right of first refusal to buy and use it. 

Why it Matters:

A right of first refusal is an important contractual right that encumbers sellers. Rights of first refusal may be provided at a cost, but usually they are traded for some interim privileges including the use of the specific asset or another asset. For example, in movie or music production, the right of first refusal may be given to a production company for a prior project.

Because the right of first refusal carries the same terms and conditions (e.g. $1 million, payable immediately) for the holder and any subsequent sale (e.g. $1 million, payable immediately), the burden on the sellers is usually minimal. 

Related Terms View All
  • Auction Market
    Though most of the trading is done via computer, auction markets can also be operated via...
  • Best Execution
    Let's assume you place an order to buy 100 shares of Company XYZ stock. The current quote...
  • Book-Entry Savings Bond
    Savings bonds are bonds issued by the U.S. government at face values ranging from $50 to...
  • Break-Even Point
    The basic idea behind break-even point is to calculate the point at which revenues begin...
  • Calendar Year
    If Company XYZ starts its fiscal year on January 1 and ends its fiscal year on December...