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Hi everyone, My landlord has decided to sell the apartment. First, he asked me if I wanted to buy the apartment and offered me a price of €180k via a WhatsApp message.
I expressed my interest in buying the apartment and requested one or two months to arrange financing from the bank or sell my belongings to gather the amount.
Then he informed me that he initially offered the price in haste and now wants to sell the apartment for €230k (€50k more). I told him that I can't buy at this higher price.
Subsequently, he showed the apartment to other interested parties without informing me of their offers. When I asked him if he could tell me what price he's selling the apartment to those parties, he did not reply.
Now he has sent me a message that another person is likely to buy the apartment and become my new landlord.
My questions are:
Can you please clarify my rights as a tenant regarding the "right of first refusal" under the law?
Most important, is the landlord obligated to wait for some time or until I secure financing from the bank, if yes how much, or can he refuse based on my current financial situation, that I don't have the enough and required amount at the moment?
Have I already lost my right to purchase when I declined the increased price offer, or do I still retain it because he may be selling it to another person at a lower price?
In the scenario where he agrees to sell to me again after I mention the "right of first refusal," to him but I am unable to secure financing afterward, will there be any penalties for me?
Your contract as a tenant doesn't grant you any privileges in regards to being prioritised for a potential purchase.
In general (and real estate purchases are an exception if the general rules for a contract) you would have to accept on a turn by turn basis.
With a phone call, the offer becomes invalid as soon as you hung up the phone.
In a WhatsApp text the "turn" would have the time you usually need to write back (a few minutes).
However real estate needs a notary involved to be legally binding.
And: it's a free market. The landlord can ask for offers however he wants and can change his mind as often as he wants. If you need weeks or months to secure funding and somebody else can offer more with serious funding backing his offer, it's very reasonable he sells it to someone with funds.
On the other hand: The new owner has to respect and take over the contract with you as renter. So it's likely you can continue your lease under the new landlord
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