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
Post non-compete clause in hard franchising
The summary proceedings judge of the Amsterdam District Court ...
Does an agreed rent indexation always apply?
Many entrepreneurs were confronted with a significant rent increase ...
Ludwig & Van Dam in Distrifood Magazine about the Franchise Act
Interview about the current obstacles for independent supermarket entrepreneurs and ...
No franchise agreement, but membership of a cooperative
In certain cases, agreements made in a franchise agreement may ...
Post prohibition of competition and transfer of the business to the life partner
A franchisee is a company. The franchisee and the private ...
Not a franchise agreement, but a general cooperation agreement
The Franchise Act offers franchisees various protective provisions. Earlier, the ...