What is the Right of First Refusal?
The right of first refusal grants a person priority to enter into a specific contract ahead of any other party, provided the beneficiary accepts the same terms and conditions offered to a third party.
How does it work in practice?
The agreement is unilateral. The party bound by the agreement is only obliged if they actually decide to proceed with the contract and formally communicate its terms to the beneficiary.
Deadlines
- General: 8 days from the date of communication.
- Tenants: 30 days in the case of the sale of real estate.
- Public entities: 10 days for properties located in urban rehabilitation areas, protected areas, or classified buildings.
Public entities
The State, municipalities, and regional governments hold a right of first refusal over certain properties. This status can be checked via the Casa Pronta portal, which allows sellers or real estate agencies to publish the essential terms of a sale, thereby centralizing consultation by the various entities.
Violation of the right
If the right is violated, the beneficiary may:
Where the right has “real efficacy” (effects in rem), bring a pre‑emption action (acção de preferência) within 6 months in order to be substituted for the buyer. The price must be deposited within 15 days of filing the action.a em caso de venda que a mesma seja a favor do/a beneficiário/a do direito de preferência.
Claim compensation for damages (contractual liability).
Duarte Marques Mano | [email protected]