Right of first refusal and withdrawal: Everything you need to know

The right of tanteo and retraction is a key concept in the real estate field that can generate both opportunities and challenges, especially for those involved in the purchase or sale of properties. These rights provide certain interested parties for the possibility of acquiring a property before it is sold to third parties. Knowing how they work and their implications is essential to avoid legal complications and take advantage of investment opportunities.

In this article, we will explain in detail what the rights of tanteo and retract are, how they apply in the real estate sector, its advantages and disadvantages, and we will provide you with practical advice to face them effectively.

1. What is the right of scoring and retracting?

The right of tanteo and retraction are legal figures that give priority to certain persons or entities to acquire a property in case of sale.

Tanteo right

The Tanteo right It gives a person (generally a tenant, co -owner or public entity) the priority of buying a property in the same conditions as an interested third party, before the property is officially sold. The seller must notify his intention to sell and offer the property to the head of the right of Tanteo, who has a deadline to decide whether to buy it.

Right of retracting

The Right of retracting It comes into play when the property has already been sold to a third without previously offering it to those who have the right of scoring. In this case, the holder of the right of retract can be “retracting” from the sale and acquiring the property under the same conditions agreed with the original buyer.

Both rights are designed to protect the interests of persons or entities that have a special relationship with the property, either because they are tenants, co -owners or public administrations with interest in the property.

2. Differences between the right of tanteo and the right of retracting

Although the tanteo and retraction have a common base, there are key differences that it is important to understand in order to exercise them properly.

Moment of exercise

• Score: It is exercised before that the sale to a third party is formalized. The owner must notify the holder of the right of tanteo his intention to sell, and he has a certain period to decide if he wants to acquire the property.
• Retracting: It is exercised after that the sale has been formalized. If the head of the right of tanteo was not notified, this has a deadline to intervene in the transaction and replace the original buyer, acquiring the property in the same conditions.

Deadlines

• Score: The deadline for exercising the score varies according to the applicable regulations, but generally ranges between 30 and 60 days from the sales notification.
• Retracting: The deadline for exercising withdrawal is usually shorter, and begins to count from the moment the holder of the law has knowledge of the sale. Depending on the type of retraction, this period can be between 9 and 30 days.

Beneficiary subject

• Score: This right can be exercised by tenants, co -owners or, in some cases, public entities. In the real estate sector, it is common for officials of official protection housing (VPO) to have this right.
• Retracting: The same people or entities that have the right of tanteo are exercised, as long as the sale has been made without their previous knowledge or without being given the opportunity to exercise the tanteo.

3. Advantages and disadvantages of the right of tanteo and retracting

Like any legal figure, the right of scoring and withdrawal presents both advantages and disadvantages for the parties involved.

Advantage

For the holder of the right

1. Priority in purchase: The holder of the right of Tanteo has the opportunity to acquire the property before any other person, which allows him to protect his position.
2. Controlled price: In some cases, the right of scoring allows the property to be acquired at a predefined or regulated price, avoiding speculative increases.
3. Access to special real estate: Public administrations and social entities can acquire real estate for public interest purposes, such as Social Housing.

For the owner

1. Possibility of negotiation: By notifying the head of the Tanteo, the owner can negotiate directly without having to go through the open market, which can accelerate the sales process.
2. Legal compliance: Following the procedures of the tanteo and retraction ensures that the sale is legal and avoids future claims.

Disadvantages

For the holder of the right

1. Time limitation: The deadlines to exercise the score and retraction can be very short, which forces the holder to act quickly, evaluate the offer and make financial decisions in a short time.
2. Legal insecurity: If the owner does not properly notify, the holder of the right may not find out the sale, which complicates the exercise of the right of retracting.

For the owner

1. Delay in sale: The exercise of the score can delay the sale, since the owner must wait for the holder of the right to decide whether or not to acquire the property.
2. Price limitation: In certain cases, especially with official real estate, the sale price can be limited by the regulations, which prevents selling at market prices.

4. Practical tips for managing the score and retracting

If you are in a situation in which the rights of tanteo and retraction are involved, follow these tips to ensure that the process develops properly.

4.1. For owners

• Notify in time: If you are selling a property subject to tanteo and retracting rights, be sure to notify the holders of these rights correctly and within the deadlines stipulated by law.
• Complies with the regulations: In cases of official housing, review the applicable regulations to ensure that the price and sales conditions meet the regulations.
• Negotiate with flexibility: If the head of the Tanteo is interested in buying, negotiates in good faith to avoid disputes that can delay the sale or trigger legal problems.

4.2. For law holders

• Stay informed: If you have the right of scoring on a property, be sure to be aware of any sale intention. You can establish communication mechanisms with the owner to notify you in a timely manner.
• Evaluate quickly: Since the deadlines for exercising the right are short, it is essential to have the funds and financing ready to be able to make a quick decision when the sale is notified.
• Look for legal advice: Before exercising the right of scoring or withdrawal, consult with a lawyer specialized in real estate law to ensure that you understand all legal and financial implications.

5. Conclusion

The right of tanteo and retraction is a legal tool designed to offer protection and opportunities both to tenants and co -owners and public entities. However, it can be a complex process that requires knowledge of the regulations and proper management of deadlines and documentation.

Whether you are the owner and if you have rights on a property, it is crucial to understand how these mechanisms work to protect your interests and avoid legal conflicts. Maintaining good communication between the parties and complying with current regulations is the key to successfully managing these types of situations in the real estate sector.

With adequate planning and expert advice, the right of tanteo and retracting can become an advantage for those who seek to acquire a property and for those who wish to sell it without complications.