Preferential right of purchase in lease does not apply – September 7, 2018 – mr. AW Dolphin
The District Court of The Hague ruled on 5 September 2018, ECLI:NL:RBDHA:2018:10554, that a share transaction within the tenant’s organization does not mean that the landlord can invoke the pre-emptive right stipulated in favor of the landlord of buy.
However, it should be noted that the rental agreement and the pre-emptive right of purchase were concluded at the time by expert parties and expert advisers and that there was an ‘intercompany’ rental agreement within the same group. Therefore, according to the court, great weight should be attached to the linguistic meaning of the chosen wording of the agreement in this specific case. Therefore, the pre-emptive right of purchase cannot be circumvented in all cases by means of a transaction of the shares in the lessee.
mr. AW Dolphin – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Contact
Other messages
Prohibited market/area division in franchise agreements: fines of millions set by the court
Prohibited market/area division in franchise agreements: fines of millions set by the court
The exclusive catchment area and the exclusive delivery
The exclusive catchment area and the exclusive delivery
Longer eviction period for the subleasing franchisee in the event of bankruptcy of the subleasing franchisor
Longer eviction period for the subleasing franchisee in the event of bankruptcy of the subleasing franchisor
Director’s liability franchisor for bank debt franchisee?
Director's liability franchisor for bank debt franchisee?
Column snack courier mr. D. Uijlenbroek: “Hygiene as a franchise obligation”
Column snack courier mr. D. Uijlenbroek: "Hygiene as a franchise obligation"
Duty of care of the financing bank with regard to forecast and franchise agreement
Duty of care of the financing bank with regard to forecast and franchise agreement