In the event of a change of ownership, a right of first refusal in rem for relatives takes precedence over the tenant's right of first refusal, even if the tenancy existed beforehand. This is the result of a ruling by the Federal Court of Justice (case reference: V ZR 48\/23). The right in rem remains in place even after a divorce if the ex-partners had granted each other corresponding rights of first refusal in rem.<\/p>\n
In the specific case, the ex-husband had granted the ex-wife a right of first refusal in rem, which remained in place despite the divorce and subsequent letting. Now he wanted to sell his apartment. In addition to his ex-wife, his tenant also wanted to buy the apartment and exercised his right of first refusal. The ex-husband sold the apartment to his tenant. His ex-wife took him to court. With success. The Federal Supreme Court ruled that this right took precedence over the tenant's right of first refusal.<\/p>\n
For owners, relatives and tenants, this decision means that the creation of a right of first refusal in rem can play a decisive role. The case law highlights the need to seek legal advice if necessary. In this way, one's own rights and obligations in such complex situations can be better understood.
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In the event of a change of ownership, a right of first refusal in rem for relatives takes precedence over the tenant's right of first refusal, even if the tenancy existed beforehand. This is the result of a ruling by the Federal Court of Justice (case reference: V ZR 48\/23). The right in rem remains in place even after a divorce if the ex-partners had granted each other corresponding rights of first refusal in rem. In the specific case [...]<\/p>","protected":false},"author":1,"featured_media":2604,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[34],"tags":[],"class_list":["post-2603","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-guter-rat"],"_links":{"self":[{"href":"https:\/\/immobilien-lindstedt-2.bendit.de\/en\/wp-json\/wp\/v2\/posts\/2603","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/immobilien-lindstedt-2.bendit.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/immobilien-lindstedt-2.bendit.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/immobilien-lindstedt-2.bendit.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/immobilien-lindstedt-2.bendit.de\/en\/wp-json\/wp\/v2\/comments?post=2603"}],"version-history":[{"count":0,"href":"https:\/\/immobilien-lindstedt-2.bendit.de\/en\/wp-json\/wp\/v2\/posts\/2603\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/immobilien-lindstedt-2.bendit.de\/en\/wp-json\/wp\/v2\/media\/2604"}],"wp:attachment":[{"href":"https:\/\/immobilien-lindstedt-2.bendit.de\/en\/wp-json\/wp\/v2\/media?parent=2603"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/immobilien-lindstedt-2.bendit.de\/en\/wp-json\/wp\/v2\/categories?post=2603"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/immobilien-lindstedt-2.bendit.de\/en\/wp-json\/wp\/v2\/tags?post=2603"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}