Right of First Refusal for Florida Property
FL property ROFR: must be written (Statute of Frauds), recorded (constructive notice), and runs with the land. Common in: HOA/condo declarations, family transfers, commercial developments. Recorded ROFR binds subsequent buyers. Violation: specific performance, damages, or injunction. Tax: regular purchase treatment; doc stamps, intangible tax. No special ROFR tax treatment.
Requirements
- Written, recorded, runs with land
- HOA/condo, family, commercial
Enforcement
- Recorded: binds subsequent buyers
- Specific performance, damages
- Injunctive relief
Tax
- Regular purchase treatment
- Doc stamps, intangible tax
- Consult tax advisor
Related Terms
- ROFR — Overview
Barnes Walker Real Estate
Barnes Walker’s attorneys handle ROFR matters in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC