(1) Before selling a participating property that is subject to a recorded notice of right of first refusal, under ORS 456.262, to a third party other than a qualified purchaser, the property owner shall provide notice to all parties with a recorded right of first refusal of the owner’s intent to:
- (a) Accept a purchase offer from a third party; or
- (b) Amend the terms and conditions of a purchase offer from a third party under (a) above; or
- (c) Terminate a pending sale agreement with a third party; or
- (d) Accept a purchase offer from another third party subsequent to (a) above.
- (2) Qualified purchasers receiving this notice under subsection (1) above may exercise a right of first refusal by delivering a matching offer to purchase the property. The property owner shall accept the first matching offer the property owner receives from a qualified purchaser.
(3) Qualified purchasers can exercise their right of first refusal as many times as applicable until:
- (a) Owner successfully transfers the property to a third party or a qualified purchaser; or
- (b) The expiration of the term of the right of first refusal; or
- (c) The right of first refusal is released or terminated by the qualified purchaser.
- (4) Requirements related to required notices, matching offers, and property sales generally under this process are outlined in ORS 456.263.
Statutory/Other Authority
ORS 456.258
Statutes/Other Implemented
ORS 456.250-456.265
History
OHCS 1-2024, amend filed 01/05/2024, effective 01/05/2024
OHCS 20-2022, amend filed 08/16/2022, effective 08/18/2022
OHCS 10-2020, amend filed 05/21/2020, effective 05/21/2020
OHCS 6-2020, temporary amend filed 03/25/2020, effective 03/25/2020 through 09/20/2020
OHCS 12-2018, adopt filed 09/04/2018, effective 09/04/2018