Tenant's Right of First Refusal Trumps Subsequent Land Sale

The court addressed a dispute concerning the validity of a contract to sell land, where the seller, having previously granted a right of first refusal to a tenant, subsequently sold the property to a third party without first offering it to the tenant. The appellate court had correctly determined that the seller breached the obligation imposed by the right of first refusal, which required that the property first be offered to the holder of that right under the same terms as those offered to the third-party buyer. Consequently, the reviewing court upheld the annulment of the sale to the third party and ordered the property to be transferred to the tenant upon reimbursement of the sale price, confirming that the right of first refusal holder could exercise their right even after a third-party sale, provided the terms remained substantially identical.