The case in question opens a new turning point in case law when the integrity and genuine will of a person entitled to rights of first refusal is being assessed.
Skrastiņš and Dzenis successfully defended the interests of their clients in a case when a lawsuit was filed against our clients in court regarding the recognition of rights of first refusal and pre-emption on the notional parts of the land plot, which were purchased by our clients.
Although the building owner, as the applicant, was offered a pre-emptive right to purchase the notional parts of the land, the applicant expressed two expressions of intent: a wish to exercise the rights of first refusal, but at the same time to amend the terms of the purchase agreement regarding the payment of the purchase price.
Taking into account legal analysis provided by Skrastiņš and Dzenis on the assessment of the pre-emptioner’s will, the court of first and second instance acknowledged in its judgments that the person entitled to rights of first refusal did not clearly and unequivocally express their intention to enter into the purchase agreement, as well as did not pay the purchase fee in the amount and in accordance with the procedures specified in the purchase agreement.
The client was advised and represented by senior partner Aivis Dzenis, partner Andrejs Guļajevs and senior associate Andra Bērzkalne.
