The right of first refusal is the ability of a person to demand that another person, in relation to the sale of a specific good, sell it to him for the price that had already been agreed upon with a third party.[1]​.

The right of first refusal can arise from a legal or contractual obligation, one of the most frequent cases being the right of first refusal over the leased property.

The right of first refusal in leasing is one of the most important due to the high number of cases that occur. In countries like Spain, and in urban leases, it is a right established by mandatory law, with respect to which there is no agreement to the contrary unless its duration is greater than 5 years.[2]​.

It is the power that the tenant has to acquire the home in the event that the landlord intends to sell it. The sale price will be the same as the lessor has agreed with a potential buyer.

To exercise this right, it is necessary that the landlord has expressly communicated the decision to sell said home, as well as the price and other essential conditions of the transfer.

This decision to sell by the lessor must be a definitive sales project, and not remain a mere intention or promise to sell.

The lessee has a period of 30 calendar days to exercise this right from the day after he is informed of the sale project.

If the landlord does not inform the tenant of his intention to sell the property and it becomes the property of a third party, the right of withdrawal arises.[3]​.