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Can a Tenant Enforce a Right of Refusal In Third-Party Sale?

By Alan Nochumson and Alex Goldberg
September 01, 2022

In Tri-Outdoor v. Keyser, 2022 Pa. Super. Unpub. LEXIS 891 (Apr. 18, 2022), the Pennsylvania Superior Court recently addressed whether a tenant could specifically enforce a right of first refusal provision contained in a lease agreement where the landlord sold the leased premises to a third-party purchaser.

In Keyser, the landlord and tenant entered into a written lease for purposes of the tenant erecting a billboard on the leased premises, the opinion said.

Under the written lease, the 20-year lease term began upon the completion of construction of the billboard, the opinion said.

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