Buyer's Pre-Closing Sale Agreement Does Not Trigger Right of First Refusal Before Seller's Decision to Sell

A person, having contracted to purchase an immovable property, signed an agreement to sell the property to a third party before the final deed was executed, and later brought an action against the initial seller for rescission of the first sale contract, alleging the seller had violated a right of first refusal. The court rejected the claim because the alleged violation of a right of first refusal, which grants a preferential right to purchase, does not invalidate a subsequent sale agreement entered into before the seller formally decided to sell, as the right only becomes exercisable upon the owner's decision to alienate, which was not established in this case prior to the subsequent contract.