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Barrister
Barrister, Attorney
Category: Legal
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Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My soon to be ex-husband has a right of first refusal in the

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My soon to be ex-husband has a right of first refusal in the Marriage Settlement Agreement that we signed. The issue is that he never does anything in time. We had to go to the judge so he would even do everything that needed done per the agreement. Can you tell me how I can add more definition or is it too late? He just added the right of first refusal to a deed instead of signing the deed we prepared. I have not signed the new deeds yet.

I signed an MSA that shows the following in PA:

11. Husband shall convey, transfer, grant and assign to Wife, as her sole and separate property, all of his right, title and interest in and to certain lots and right-of-ways situate along and nearby Lewisberry Road and/or Buck Road, Conewago Township, York County, PA hereinafter the "Wood Lots."
12. The properties comprising the Wood Lots to be transferred to Wife as her sole and separate property are set forth by Tax Assessment No. and Deed reference as follows:
a. Tract No. 1., 23-MG-0123-B, etc.

Husband's Right of First Refusal RE. Wood Lots

18. Wife hereby grants to Husband a right of first refusal to purchase the Wood Lots as follows:

a. Right First of Refusal Granted. Wife hereby grants to Husband a right of first refusal to purchase Wood Lots, in whole or in parts, in the event Wife intends to transfer or sell the Wood Lots or any of them ("Right of First Refusal").
b. Notice of Intent to Sell or Transfer. Wife shall notify husband, in writing, of her decision to sell or transfer the Wood Lots.
c. Exercise of Right. Upon receipt of such notice, husband shall advise Wife of his decision in writing to purchase the Wood Lots at which time the parties shall negotiate an Agreement of Sale setting forth a fair market price and the terms of sale.
d. Price Disputed. If the parties cannot agree upon a fair market price, then each will select a real estate appraiser at their own cost and expense, and the two appraisers shall select a third appraiser, whose cost shall be paid for equally by the parties, and the average of the three appraisals shall be the fair market price.
e. Binding on Heirs. Husband's Right of First Refusal shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Can you tell me how I can add more definition or is it too late? He just added the right of first refusal to a deed instead of signing the deed we prepared.
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Has the MSA actually been approved by the court with this ROFR in it?
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Or is he just proposing to add the ROFR to a draft MSA?
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Thanks
Barrister
Customer: replied 3 years ago.

ROFR is already in signed document

Ok, but has the MSA already been approved by the court and entered into the record?
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If so, then it is set in stone and couldn't be modified without both parties going back to the judge and asking him to allow modifications. Judges generally won't agree to modify them otherwise because once a MSA is signed by both spouses and then approved by the court, they are final. The courts don't want to have these types of agreements continually revised as the parties change their minds about certain things. That is why they are typically not modifiable.
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Thanks
Barrister
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