Pre-emption agreements

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A pre-emption agreement is an legal arrangement that gives a party the first right of refusal when a property is sold.

This means that before the owner can sell the property to anyone else, they must offer it to the individual or entity with the pre-emption right, usually under pre-agreed terms. These agreements are often used between developers, investors, or co-owners to ensure that a property remains within a certain group or to control who may purchase the asset in the future.

Pre-emption agreements can protect both parties by providing clarity and legal structure around how a property transaction will proceed if and when the current owner decides to sell.

What is a pre-emption agreement?

A pre-emption agreement legally grants a specific party the right to be offered the opportunity to purchase a property first if the owner decides to sell, before it is made available to other potential buyers. It does not compel the sale but ensures that when the sale does happen, the right-holder gets the first opportunity to buy the property, usually under conditions outlined in the agreement. This provides the right-holder with a strategic advantage, as they are notified before the property is offered on the open market. Only if that specific party declines or doesn’t act within a set timeframe can the owner then sell to someone else.

Richard Hughes

Richard Hughes

Partner | Commercial Property, Real Estate, Real Estate Finance

020 3962 5855

How we assist with pre-emption agreements

At Moore Barlow, we specialise in drafting, reviewing and negotiating pre-emption agreements that are clear, legally binding, and tailored to your needs. We ensure that the agreement covers key points such as:

  • Trigger events: What will cause the pre-emption right to come into effect
  • Purchase terms: How the price will be determined if the right is exercised
  • Timeframes: The period in which the pre-emption right must be exercised

Our expertise ensures that the agreement is fair and protects your interests, whether you’re the property owner or the party holding the pre-emption right.

Why work with us?

Moore Barlow has extensive experience in property law and dealing with pre-emption agreements. We understand the importance of clear, enforceable terms that prevent disputes. Our proactive approach means that we draft agreements designed to withstand future challenges and ambiguities, helping all parties feel secure in their arrangements.

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Who we help

We assist a wide range of clients, from property developers and investors to landlords and co-owners, ensuring that pre-emption agreements are structured effectively for their specific circumstances. Whether you’re protecting your future investment or managing a property portfolio, we can provide you with the legal support to help you structure an agreement that meets your objectives..

Contact us today

If you need assistance with a pre-emption agreement, contact Moore Barlow today. Our team of experienced solicitors will guide you through the process, ensuring that your agreement is legally sound and tailored to your needs. Let us help protect your future property interests.

We are here to help

Discover how our expert property lawyers can help you.

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