Real Estate Expert Discusses Right of First Refusal

A movie producer decided to sue his real estate attorney in Florida for legal malpractice after the attorney failed to communicate the right of first refusal while selling the producer’s beach side property.

Alissa Kruidenier

Written by
— Updated on September 16, 2021

Real Estate Expert Discusses Right of First Refusal

The producer had previously leased out the property to a tenant. The producer’s attorney completed the sale transaction to a new owner without consulting her. The tenant maintained she had a right of first refusal. She was able to decide whether or not to vacate the property and approve the sale. Consequently, the tenant successfully sued the producer for neglecting his tenant. In turn, the producer filed suit against his real estate attorney. An expert qualified to comment on the right of first refusal in real estate transactions was required to assess whether the attorney had neglected any duties to his client.

Question(s) For Expert Witness

  • Do you routinely advise clients in real estate transactions and manage right of first refusal?

Expert Witness Response E-049481

My initial impression is that it sounds like a strong case. It seems that failing to notify the producer of his tenant’s right of first refusal was a major oversight on the part of their former legal counsel. In terms of personal experience: I dedicate a significant amount of time to teaching and consulting, though I maintain my license and board certification.

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