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
Partner | Commercial Property, Real Estate, Real Estate Finance
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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.
Meet our real estate finance experts
Richard Hughes
Partner | Commercial Property, Real Estate, Real Estate Finance
Jo Farr
Partner | Commercial Property, Real Estate, Land Development, Real Estate Finance
Susannah Marsh
Partner | Financial Services Litigation, Real Estate Finance
Sam Ho
Senior Associate | Commercial Property, Real Estate, Real Estate Finance
Nellie van der Lande
Senior Associate | Commercial Property, Landed Estates and Farming, Real Estate Finance, Rural Services
Callum Leary
Partner | Commercial Property, Real Estate, Real Estate Finance
Sharon Mays
Senior Associate | Commercial Property, Real Estate, Land Development, Real Estate Finance
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.
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Moore Barlow stepped into the breach at a time when we were undertaking the biggest property transaction in our history. They were nothing but highly professional, available, helpful and patient.
Legal 500, 2025
The commercial property team are extremely pragmatic and always work in the best interest of the client. The people are all knowledgeable and hardworking. They are able to translate complex legalese into plain English.
Legal 500, 2025
As our own business moves from start-up to growth mode, Moore Barlow have continued to scale and develop their service proportionally to meet our developing needs. They continue to adapt to our new systems, work collaboratively with us to ensure transparency in matters, and increase pace in delivery. We look forward to continuing to do business with them in the coming years.
Legal 500, 2024
Moore Barlow is known for residential and commercial development expertise. The firm continues to act for national and regional house builders, and it is also equipped to handle property finance, landlord and tenant matters and investment work. Its clients also benefit from the firm’s knowledge of agricultural property. In addition, the team is noted for its expertise in property transactions in the leisure industry.
Chambers & Partners, 2024
Moore Barlow’s property partners have an in-depth understanding of their area backed by familiarity with their clients and their businesses gained over decades of experience.
Chambers & Partners, 2024
The team’s focus on our needs and responsiveness makes it feel like we have in-house legal counsel. We have several active matters at any one time, and they have worked with us to develop continually-improving management systems to ensure everyone is up to date with what is happening.
Legal 500, 2023
We have had an incredibly positive experience working with Moore Barlow, especially considering that we are new to the UK property market. Their responsiveness, extensive knowledge, and clear communication have truly made them stand out. We were impressed by their considerate approach throughout the sales process, which made the entire experience feel both professional and personable. I highly recommend Moore Barlow for their exceptional service and unwavering commitment to client satisfaction.
Emma Plumridge – BoKlok Sales and Marketing Director
A competent, professional organisation that we are grateful to have on our side. The Moore Barlow team have proved patient, and highly flexible, supporting us as we develop our acquisition strategy, and dealing efficiently with the many landlords’ solicitors that are not normally comfortable with our market. For us, the biggest plus is that we can be confident that, where matters are dragging on, it is the landlord that we need to be chasing, not Moore Barlow. They work very well with us to ensure that they/we are never holding up a transaction, and so together we demonstrate absolute professionalism.
Legal 500, 2022
From our numerous dealings with the firm there is clear evidence of a team spirit. Each member of the team works to a high standard and you have confidence with whoever you are dealing with that the task will get done. They are always helpful and will go out of their way to answer any queries we may have.