Seller Liability for Undisclosed Pre-emption Right

A defendant, having sold a property with a right of pre-emption granted to a third party, was sued for damages by the purchaser after the right was exercised, despite the defendant's assertion that the pre-emption right was only personal and not enforceable against a subsequent purchaser. The court ruled that a contractual right of pre-emption, even if personal in nature, creates an obligation on the seller to respect the pre-emptive right, and failure to disclose or honor such a right to a subsequent purchaser constitutes a breach of the seller's contractual obligations, justifying the award of damages to the purchaser.