Great North Properties...
Sarah Burlingame
231 264-6604231 264-6604

RIGHT OF FIRST REFUSAL

Right of First Refusal issue. In Michigan Court of Appeals case, Frens Orchards, Inc., v Dunning, et al, the Plaintiff, Frens, had a right of first refusal upon termination of a lease (in which it was Lessee) with the original owner of the property, Deur. In 1999, Deur informed Frens’ president that he would offer the property to it for $350,000 if Frens could pay him that same day. The president did not exercise the right of first refusal. Deur then sold part of the property on 3/31/99 for $92,000 and the other part of the property on 4/1/99 for $50,000.00. In 2011, the president of Frens learned of the sales and sued in 2012 to order the conveyance of the property for the original sale prices. The trial court found that Frens’ claim accrued in 1999–at the time the wrong upon which the claim was based was done, regardless of when damage resulted (MCL 600.5827), and so Frens’ claim was barred by MCL 600.5807(8), which provides that the period of limitations for breach of contract claims is 6 years. On appeal, Frens argued that that the wrong statute was applied and MCL 600.5801(4), should apply, which provides that the period of limitations to claim title in property is 15 years. The court disagreed and affirmed the trial court ruling. Had Frens brought the claim within the six year period allowed, the decision may have been quite different!

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About Sarah Burlingame

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Sarah Burlingame

Realtor

Bgamesells@hotmail.com

231-828-8463231-828-8463 main

Real Estate One, A Family of Companies

101 River PO Box 308 Elk Rapids, MI

Reviews

5user5332851

Sarah was very easy to work with. She made it a friendly transaction, not a chore. She covered everything to make the deal as easy as possible. When it came down to crunch time and the bank was taking their time, she got on it and get the situation under... (more)

5user4191006

Sarah worked with our schedule and was always very flexible. She worked very hard for us and found us exacly what we were looking for. After finding our dream place, she advised us through the entire process which proved very beneficial. If you are looking... (more)

5user0311176

If your looking for a real estate professional, look no more. Sarah Burlingame is the very BEST! She is very knowledgable, professional, flexible, and will always get you the best possible deal. You will not be dissapointed. She had my house sold within... (more)

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