What is the Pre-emption Right Case? How to Open?
Pre-emption right is a right that gives the other stakeholders the right to purchase the real estate first, if one of the stakeholders of a shared ownership property sells its share to a third party. This right is also called the right to preemption.
A right of pre-emption lawsuit is a lawsuit filed by a stakeholder to exercise this right. This lawsuit can be filed after the sale of the real estate to the third party is registered in the land registry.
The subject of the case in the pre-emption case is:
• The sold share is transferred to the plaintiff under the same conditions as the sales price.
• The lawsuit is filed for payment of the sales price and transfer of title deed.
Necessary conditions for filing a pre-emption lawsuit:
• The real estate must be a matter of joint ownership.
• A stakeholder needs to sell his share to a third party.
• The sale must be registered in the land registry.
• The plaintiff must have the right of pre-emption.
Pre-emption right holders:
• Legal heirs
• Stakeholders
• Owners of independent sections in condominiums
How to open a pre-emption case:
• The holder of the pre-emption right must file a lawsuit within two months from the moment he becomes aware of the sale.
• The case is filed in the Civil Court of First Instance where the real estate is located.
• In the case, documents proving that the sale took place and that the plaintiff has the right of pre-emption must be submitted.
In the pre-emption case, the court:
• Whether the plaintiff has the right of pre-emption,
• What is the price of the sale,
• Examines whether the plaintiff will pay the sales price.
• If the court determines that the plaintiff has the right of pre-emption and can pay the sales price, it decides to transfer the real estate to the plaintiff.
Some important points regarding the right of pre-emption:
