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Right of first refusal - who pays?

Started by skdo23
almost 16 years ago
Posts: 8
Member since: Feb 2010
Discussion about
I know that it is extremely rare for a condo board to exercise its right of first refusal but, when it does, what is the source of the money used to purchase the condo in question? Do condos typically have cash reserves that are sufficient sufficient to absorb such a purchase? Are they able to obtain financing? Does the board have a fiduciary duty not to exercise rofr if the building would likely lose money on the transaction? Thanks!
Response by spaceboy
almost 16 years ago
Posts: 217
Member since: Mar 2007

Are you asking because you're involved in a condo that is thinking about executing this right?

From my experience, condos don't usually have enough money for emergency funds, much less purchasing a condo outright. They would probably take a loan (at a rate much higher than you or i).

Either way an attorney is the right person to ask.

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Response by 007
almost 16 years ago
Posts: 195
Member since: Nov 2008

It happened once several years ago at 525 east 80. The Board exercised it's right and turned around and sold the apartment to another person within the 30 or so days they had, Thus the Board did not put the condo's reserve on the line neither took a loan. It was very upsetting to the buyers and I believe (not sure) that the condo pocketed the difference between the original price and the higher price of the sell.I have no idea if this was an "inside" arrangement.

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