Tenant's Retracted Right of First Refusal Trumps Subsequent Sale Agreement

A person contracted to purchase a building subject to a right of first refusal held by a tenant, and despite being notified of the tenant's decision not to exercise the right, the seller subsequently concluded the sale with the tenant after the tenant retracted that decision, leading the purchaser to sue for contract violation and damages. The court rejected the appeal, affirming that the tenant's initial declaration renouncing the right of first refusal was a unilateral act which, not being accepted by the seller, did not irrevocably bind the tenant, allowing the subsequent retraction and valid exercise of the right to prevail over the initial sales agreement with the third-party purchaser.