Vorkaufsrecht der Gemeinde Ausübung Unfortunately this specification of service has not yet been completely translated.

Exercise of the right of first refusal means that the municipality has a right, subject to certain conditions, to enter into the purchase agreement and subsequently become the owner of the property when purchasing a plot of land in its municipal area. The right of first refusal may only be exercised if the public good justifies it. The exercise of the right of first refusal may be excluded or averted by the purchaser under certain circumstances.

The seller or the buyer must immediately inform the municipality of the contents of the purchase contract so that it can decide whether to exercise the right of first refusal.


The pre-emptive right must be exercised by means of an administrative act. It is regularly issued in writing. No particular form is generally prescribed for an application for the issue of a negative decision/testate; this decision is also regularly issued in writing.

Preconditions
A land purchase is made. The purchase must be notified to the municipality without delay. In the absence of such notification, the period of two months granted to the municipality to exercise the right of first refusal does not begin to run. If the municipality exercises a right of pre-emption to which it is entitled and if there is also no reason for exclusion or if it is not averted, the municipality shall enter into the purchase contract in place of the purchaser; if it exercises the right in favour of a third party, the latter shall enter into the purchase contract. The municipality or the third party beneficiary must then pay the seller a purchase price which, as a rule, corresponds to the agreed purchase price. Under certain conditions, a lower amount may also be paid, for example if the agreed purchase price clearly exceeds the market value at the time of purchase.

Hints
The right of first refusal is excluded in several cases, e.g. in the case of a sale to a spouse / relative / in-law or if the property is built on and used in accordance with the development plan. The right of first refusal can also be averted by the purchaser, for example if he or she is in a position to use the property within a reasonable period of time in accordance with the intended purpose of the development plan and undertakes to do so within two months of the purchase agreement being notified to the municipality. The exercise of a right of first refusal in favour of a third party requires that he or she is in a position to use the property for the intended purpose within a reasonable period of time, and undertakes to do so.
The seller or buyer informs the municipality of the content of a purchase contract. If there is no pre-emptive right or if the municipality does not exercise it, the municipality must, at the request of one of the parties involved, issue a certificate to this effect (so-called negative decision/testificate). If, on the other hand, the municipality exercises the pre-emptive right, an independent purchase contract is newly established between the vendor and the municipality. In principle, the same conditions apply (also with regard to the purchase price) that the seller had agreed upon with the original buyer. However, the purchase price may be limited if the agreed purchase price clearly exceeds the market value. In this case, the seller may withdraw from the contract. The exercise of the right of first refusal shall be made vis-à-vis the seller; the buyer shall be notified of the decision.

Responsible for the content
Ministry for Energy, Infrastructure and Digitalisation Mecklenburg-Western Pomerania

Last update or date of publication
10.08.2020