Does a Right of First Refusal (ROFR) cost me money?

Last updated on November 27, 2025

Right of First Refusals (ROFR’s) originated over a century ago, before the telephone or internet and the enhanced communication they both offer. In times of little or no contact, a ROFR was a way of the Tenant saying to the Landlord, “If you receive an offer to buy your land, would you please get a hold of me and give me a chance to match it, without selling it before I even find out it is for sale.” Using the CLHbid.com platform, there is no longer a legitimate need for a ROFR. With CLHbid.com, everyone, including the Tenant, knows of the pending sale and has an equal chance to bid.

In today’s world, if your Tenant is asking for a ROFR; in reality, they are asking to buy your land for below market value. At CLHbid, we have seen land tendered with a ROFR only to not sell. Later we have sold that same land with no ROFR for 40% higher than the previous best tender with a ROFR. We know a ROFR can mean a quarter will often sell for $100,000.00 or more less than what it might sell when bidders know if they are high bidder they can get it without fear of being trumped by a party holding a ROFR.

The problem with a ROFR today is it is used for a whole different purpose than it was initially intended – Tenants now use it to create a steal (for lack of a better term). At CLHbid.com, our sole goal is to get top dollar for the Seller, and that is virtually impossible with a ROFR in place for two reasons.

Reason #1 – the Tenant uses the ROFR as a shield and tells every other farmer in the area he has a ROFR and that he is intent on buying the land. In the end, others don’t even bother going to their bank to get financing approval – they don’t take the time to bid, knowing they can never own it. Friends of the Tenant don’t bid as they don’t want to run up the price for the Tenant.

Reason #2 – for a large number of sales, the Tenant is often the most motivated Buyer. The Tenant knows the land and knows what it can produce; there is no spook in the buy for the Tenant (some Tenants may even try and spook other parties asking about the land). In the end, it begs the question of why on earth, in an open and transparent bidding process, would you tell the most motivated Buyer they don’t have to bid? A ROFR will affect the final price and, most likely, ‘significantly’. On sale day, we have witnessed the last two parties left bidding move the final price by more than 50%. If one of those last two parties is the Tenant, one can only imagine what the land might have sold for to the Tenant had the Tenant been given a free pass on bidding. It’s your land, so why sell it at a reduced value when the buyer may resell in a year or two and cash in on what was yours.

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Questions Similar To "Does a Right of First Refusal (ROFR) cost me money?"

Why shouldn't I just rely on a traditional appraisal to set the selling price for my farm or ranch land?

Appraising farmland is challenging due to its immovability and the influence of extrinsic factors like neighbour demographics and access, which are difficult to quantify. Unlike chattels, farmland value is not solely based on intrinsic factors like soil class, making appraisals less reliable. CLHbid.com's experience with open market sales, with true price discovery, are necessary to accurately determine farmland value.

Should I choose the lowest fee, or the highest net return?

Choosing the cheapest service over the most comprehensive platform often results in a lower net sale price, costing sellers hundreds of thousands of dollars. CLHbid.com's platform, enhanced marketing, and professional team are focused on maximizing the final, after-tax net return—proving that higher value service results in higher seller profit.

Why does a low starting bid maximize my final sale price?

CLHbid.com's Starting Bid is strategically set low to engage more buyers, build confidence, and encourage fierce, transparent competition. This "soft start" strategy consistently drives final sale prices up, often exceeding expectations and resulting in maximum value for the seller.

Are you maximizing value, or just using a blind tender?

The traditional single-tender process for selling land is blind, non-transparent, and breeds buyer distrust, ultimately causing sellers to receive less than true market value. CLHbid.com’s open, escalating bid system eliminates bid shopping, maximizes value through competitive confidence, and ensures sellers get the price they deserve.

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