What is the right of first refusal and withdrawal?
12 December 2022
Table of Contents
ToggleThe rights of first refusal and retraction, registered in article 25 of the Urban Leasing Law (LAU) and in article 1521 of the Civil Code, offer tenants the possibility of buying the house they have rented, before other people, if your landlord decides to put it up for sale.
It is, therefore, a “preferred” option to acquire the property that we have for long-term rental.
Right of first refusal and withdrawal: definition
The rights of first refusal and retraction are quite similar. In fact, both can be exercised by the tenants of a home that has been put up for sale.
However, these are two legal figures with different applications: the first is executed before the sale of the property, while the second can be exercised even after a third party has completed the purchase.
After receiving the communication, tenants have a maximum of 30 days to respond to their tenant.
What is the right of first refusal
The right of first refusal obliges the owners of a rented property to notify their tenants of the sale of said property in order to offer them the preference of its acquisition at the same price and conditions as other buyers.
This notice must be made in advance, preferably by registered letter. This document must specify the sale price.
After receiving the communication, tenants have a maximum of 30 days to respond to their tenant.
What is the right of withdrawal
When the owner does not comply with the right of first refusal and sells a property or leased premises without previously notifying the tenant, the latter has 30 days to avail himself of the so-called “right of withdrawal”, for which, if he wishes, he can request the cancellation of the sale made.
Later, this tenant will have preference to acquire the house at the same price and with the same conditions for which it had been sold to the third party.

Who can exercise this right?
The right of first refusal and withdrawal is a legal benefit of all tenants, unless a clause is signed in the lease contract for its resignation.
In the right of first refusal, it is the owner who has the legal obligation to communicate the sale and its conditions.
The right of first refusal and withdrawal is a legal benefit of all tenants, unless a clause is signed in the lease contract for its resignation.
In the right of first refusal, it is the owner who has the legal obligation to communicate the sale and its conditions.
Regarding the right of withdrawal, it may be exercised:
-If the owner signs the sale without informing his tenant in advance.
-If the communication omits details and conditions of the sale.
-If the owner sells the property at a price lower than that offered to the tenant to exercise the right of first refusal.
On the other hand, and although the rights of first refusal and withdrawal are undeniable, there are two cases in which they are not applicable:
- The apartment or property is sold jointly with other properties that belong to a single property.
- All the apartments and premises belonging to a single property are sold to a single buyer.
What happens if I request my right of withdrawal when a home has already been sold?
According to the Civil Code, when the right of withdrawal is appealed, the tenant must not only pay the price agreed in the sale: he must also assume the contract expenses and any other legitimate payment (notary, registration, etc.) to compensate the first buyer of those expenses that, in good faith, have been made in the acquired home.
The objective of this specification is to protect all parties involved in this type of operation, so that the tenant, when exercising his right, does not cause harm to the original owner of the home or to the third party who made the purchase.
Who benefits from the right of first refusal and withdrawal?
The right of first refusal and withdrawal establishes a preference system where the protection of the buyer’s interests is above the owner’s freedom of use.
This does not mean, far from it, that the owner does not have the possibility of choosing or that he loses money.
It simply indicates that the current tenant of a property assumes the right to be the first to purchase it.
On the other hand, and although the right of first refusal and withdrawal is normally associated with the private sphere, the Administrations can also exercise it for reasons such as the execution of urban plans or the guarantee of a public housing stock in a municipality.
Knowing what it is and when the right of first refusal and withdrawal is applied is interesting, both for owners and tenants.
Are you thinking of putting your property up for sale? Contact us!
Related Posts
Write to us, and one of our premium home agents will get in touch with you.
Other properties
Buy
1.290.000€
Very Attractive Flat with a Large Private Terrace in Valencia's Eixample's District
Valencia
V5367
230 sqm House
4
4
Rent
10.000€
Elevated Elegance by Porta de la Mar
Valencia
V5284
246 sqm House
3
3
Buy
765.000€
High Quality Refurbishment in L’Eixample, Ruzafa
Valencia
V5363
127 sqm House
3
2
Buy
1.800.000€
An Exceptional Penthouse in the Heart of Pla del Remei
Valencia
V5362
196 sqm House
3
3
Buy
2.900.000€
Historic Residence at San Francesc wit Gorgeous Location and Views
Valencia
V5335
400 sqm House
5
4
Rent
3.900€
Elegant and spacious renovated apartment in Jaime Roig, next to the German School
Valencia
A5282
240 sqm House
4
3
Buy
1.380.000€
High-end newly renovated property in Gran Vía
Valencia
V5328
168 sqm House
4
4
Rent
3.000€
Fabulous furnished property for rent next to the central market
Valencia
A5346
182 sqm House
4
3
Rent, Buy
12.000€, 1.950.000€
Exclusive contemporary chalet overlooking the golf course in Torre en Conill
Valencia
A744
510 sqm House
5
5
Buy
1.200.000€
Spacious Apartment with Terrace and Garage in Jaume Roig
Valencia
V5361
204 sqm House
4
3
Buy
895.000€
Great New Built Villa in Alfinach
Puzol / Puçol
V276
200 sqm House
4
3
Rent
2.750€
Exclusive Apartment at Monasterios Residences I
Sagunto / Sagunt
A137
145 sqm
2
2
Rent
3.600€
Exclusive Bungalow for Rent in Los Monasterios
Sagunto / Sagunt
A136
150 sqm House
3
4
Rent
2.400€
Designer Mid-Term Rental Apartments in La Xerea
Valencia
A5423
112 sqm House
3
2
Rent
3.600€
Magnificent Detached Villa with Private Pool in Alfinach
Valencia
A219
211 sqm House
4
3
Buy
799.000€
Exclusive Designer Detached Home with Private Elevator
Valencia
V5350
394 sqm House
3
2
Buy
568.000€
Designer Penthouse in Ruzafa
Valencia
V5359
62 sqm House
1
1
Rent
2.800€
Luxury Penthouse with Two Terraces & Jacuzzi
El Puig
A5407
192 sqm House
3
2
Buy
1.970.000€
Luxury Villa with Spacious Garden and Swimming Pool in Campolivar
Godella
V798
530 sqm House
4
3
Buy
2.500.000€
Outstanding Luxurious Villa with Spa in Los Monasterios
Puzol / Puçol
V169
840 sqm House
8
7
Buy
2.625.000€
Exclusive Luxury Villa Under Construction in Torre en Conill
Bétera
V908
422 sqm
6
5
Buy
1.400.000€
Luxury home for Sale in Los Monasterios
Puzol / Puçol
VA117
468 sqm House
5
4
Buy
799.000€
Renovated Apartment with balcony in Cánovas
Valencia
V5348
94 sqm House
2
2
Buy
895.000€
Exceptional Refurbished Residence in San Francesc
Valencia
V5365
153 sqm House
3
2
Buy
1.430.000€
Exceptional Renovated Residence in La Xerea
Valencia
V5347
211 sqm House
3
3
Buy
1.375.000€
Designer Apartment with Terrace in Mestalla
Valencia
V5331
229 sqm House
3
2
Buy
4.750.000€
Exclusive Luxury Estate in Vall d'Albaida
Fontanares
F112
750 sqm
9
6
Buy
6.600.000€
Outstanding private estate located between Valencia and Madrid
Garaballa, Cuenca
F108
1.200 sqm
9
10
Buy
580.000€
Country Estate on a 37,000 m² Estate in Fontanars dels Alforins, Ontinyent
Fontanares
F114
129 sqm
2
2
Buy
880.000€
Luxury Detached Villa with Pool and Garden in Alfinach
Puzol / Puçol
V275
269 sqm House
3
2
Artículos Relacionados
The 6 best things of living in Valencia
May 9, 2023
Leer más
Invest in long-term rental apartments in Spain
December 12, 2022
Leer más
International Buyer’s Guide: Acquiring Luxury Properties in Valencia’s Exclusive Urbanizations
July 21, 2023
Leer más
Investing in Luxury Real Estate in Valencia: A Golden Opportunity for International Buyers
July 10, 2023
Leer más
American School of Valencia: The best educational and life choice for your family
February 13, 2023
Leer más
The Process of Buying Property in Spain for International Buyers: Key Considerations and Steps
October 11, 2023
Leer más
Advantages of investing in luxury real estate
January 2, 2023
Leer más
How to sell your inherited property at the best price: Tips and effective strategies
August 18, 2023
Leer más
Discover the exclusive country club of Los Monasterios
May 19, 2023
Leer más
