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Claudia Schiessl
Claudia Schiessl, Attorney
Category: German Law
Satisfied Customers: 17604
Experience:  I have been a practicing attorney for 20 years now with a broad experience in all kinds of law.
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kauf option difference with vorkaufsrecht

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kauf option difference with vorkaufsrecht
Dear Customer,

Thank you so much for your question.

A Vorkaufsrecht is like an option as well, it is the right to preemption.

When somebody is granted a Vorkaufsrecht on piece of land for example and the owner sells that piece of land to a third person, the person who has been granted the Vorkaufsrecht has the right to take over the contract between the owner of the land and the third person.

This is done by simply declaring that the Vorkaufsrecht is to come into effect.

An option is more related to the financial market

It means that the owner has the right to buy or sell something at a fixed price

I hope I was able to give you the general idea of Vorkaufsrecht and option

Do you have any further questions ?

Please be my guest

Dear Customer,

If I have helped I would appreciate getting a positive rating

thank you so much
Customer: replied 4 years ago.

kauf option is from my understanding a conditional one sided right to buy the property, i.e. a notorised contract signed by seller not buyer .

how would you structure a vorkaufsrecht ,to avoid for a seller making the property unmarketable


dear customer,

it is a bit more because it gives the right to take over a contract between the seller and a potential buyer.

It does make the property unmarketable , yes ,because as soon as there is a contract between the seller and a potential buyer it gets into effect.

This is the legal nature of a Vorkaufsrecht

So better not give a Vorkaufsrecht at all
Claudia Schiessl and other German Law Specialists are ready to help you
Dear Customer,

Have you got any further questions ?

Please be my guest