Prekjøp

Prekjøp is a legal mechanism that gives a designated party the priority to acquire an asset before it is offered to other potential buyers. It is typically established by contract or by law and may apply to real estate, company shares, intellectual property, or leaseholds. The holder of prekjøp has the right to buy the asset on defined terms if the seller intends to transfer ownership.

In operation, when the seller intends to transfer the asset, they must first present the opportunity to the prekjøpsholder on the same terms. The holder then has a specified period to decide whether to exercise the right. If the holder exercises, the sale proceeds to the prekjøpsholder under the agreed terms. If the holder declines, or fails to meet conditions within the window, the seller may proceed to offer the asset to others, usually on terms no more favorable to the new buyer than those offered to the prekjøpsholder.

The legal basis for prekjøp may be set out in a contract between parties—such as a co-ownership agreement, tenancy agreement, or corporate articles—or imposed by statute in certain contexts. Enforceability depends on the jurisdiction and the exact wording of the right. Breach can give rise to remedies such as damages or specific performance, subject to applicable contract and property law.

Prekjøp is closely related to, but distinct from, the right of first refusal, which generally gives the holder the option to match a third-party offer rather than hold a preemptive purchase right. See also forkjøpsrett.