What is the right of first refusal and retraction in leases

The lessee has the right to preferential acquisition of the property he occupies, whether it is in leases of housing or use other than housing under certain conditions. It is what is called the right of pre-emption and retraction. Below we explain briefly what is the right of first refusal and retraction in leases, so you can exercise your rights.

Law of Tanteo

The lessee may exercise a right of first refusal or, what is the same, make a purchase offer on the leased property within a period of 30 calendar days from the next in which the owner is notified in a reliable manner the decision to sell the leased farm, the price and the other essential conditions of the sale.

Right of Retraction

It consists in that, when the tenant has not been notified in a reliable manner of the decision to sell the leased farm, with information on the price and other essential conditions of the transfer or any of the requirements or omissions in it have been omitted. When the effective price of the sale or the other essential conditions is lower, the tenant will have 30 calendar days to make an offer of purchase, counted from the following to the notification that the new owner must make in a reliable manner to the lessee of the essential conditions in which the sale was made, by delivering a copy of the deed or document in which it was formalized.

Tenant guarantee

To ensure these rights, there is an obligation to register in the Property Registry the titles of sale of leased homes justifying that notifications have taken place to the tenant.

Exceptions

There will be no place for pre-emptive rights when the rented dwelling is sold jointly with the other dwellings or premises owned by the lessor that form part of the same property, or when they are sold jointly by different owners to the same buyer. of the floors and premises of the property.