Housing Tenant Right Of First Refusal System Research

Is tenant right of first refusal to buy right system is an important component of the stable trading order,to promote the efficiency of transactions,simplified play an important role in aspects of transaction cost.The regulation of our country about the tenant right of first refusal is too general and lack of maneuverability,result in practice,betray a person to circumvent the law,infringes upon the tenant right of first refusal phenomenon is widespread.This paper combines the preemptive right of the relevant legal provisions and academic point of view,to define the nature of the tenant right of first refusal,considered a right of formation in the nature of property rights,rather than the right of claim of forced contracting.On the lessee exercise of the right of first refusal conditions,the author will be on what is selling,meet the requirements for the right of first refusal to exercise way of selling,the specific standard of same conditions,a period for exercising and rights of pre-emption rights to exercise the prohibitive elements such as problem is discussed in detail.The author thinks that in order to cash value of the house for investment,in the case of the bonded and auction houses with house,the lessee may exercise the right of first refusal under the same working conditions.Same conditions shall be based on the price as the core essential factor,from the payment obligation should be able to use money to measure.Proposition extension or installment,the parties cannot guarantee or betray a person to have a major reason,shall not be deemed to be the same conditions.The lessor will be rental housing and other real estate bundling,and reach an agreement with a third person,do not affect the lessee for rental housing exercise is preferential buy right,bundling as equivalent conditions to limit the exercise of the right to buy first.About the preemptive right of legal effect,the author thinks that the lessor and the third person in principle is a effective building business contract,the lessee to exercise the right of first refusal under the same working conditions can be against a third party,shall,depending on whether the lessor or the lessee will be rental housing register put on record and whether the third person knows or should know the existence of the leasing relationship.The lessee to buy right infringement,the scope of the claim for damages to lessor including the lessee to buy replacement housing should be the cost of the extra spending and further search for a new housing rental generated the necessary feesBy the end of the article is about the tenant right of first refusal and related rights conflict resolution,the author argues that when housing tenant respectively in a number of the lessee,homeowners to sell homes overall,tenant part of the lessee of the house to house advocate preemptive right as a whole.More than one tenant per capita claims priority purchasing power,won by the highest bidder.Is the same as several people bid negotiation not consistent,should according to the lessee renting part of the proportion of the total,common exercise is preferential buy right.When there are people with the lessee's preemptive right conflict,the author argues that the lessee's preemptive right should be prior to common people.