OAR 813 § 813-115-0070
Qualified Purchaser Right of First Refusal; Third Party Offer
Operative Text
(1) Before selling a participating property that is subject to a recorded notice of right of first refusal, under ORS 456.262, to a third party other than a qualified purchaser, the property owner shall provide notice to all parties with a recorded right of first refusal of the owner’s intent to: (a) Accept a purchase offer from a third party; or (b) Amend the terms and conditions of a purchase offer from a third party under (a) above; or (c) Terminate a pending sale agreement with a third party; or (d) Accept a purchase offer from another third party subsequent to (a) above. (2) Qualified purchasers receiving this notice under subsection (1) above may exercise a right of first refusal by delivering a matching offer to purchase the property. The property owner shall accept the first matching offer the property owner receives from a qualified purchaser. (3) Qualified purchasers can exercise their right of first refusal as many times as applicable until: (a) Owner successfully transfers the property to a third party or a qualified purchaser; or (b) The expiration of the term of the right of first refusal; or (c) The right of first refusal is released or terminated by the qualified purchaser. (4) Requirements related to required notices, matching offers, and property sales generally under this process are outlined in ORS 456.263.
Under OAR 813 § 813-115-0070, when a property owner intends to sell a participating property to a third-party buyer, they must first notify all parties who hold a recorded right of first refusal. Those qualified purchasers then have the opportunity to submit a matching offer and, if they do so, the owner is required to accept the first matching offer received. This right can be exercised repeatedly through changes in offer terms or new third-party offers, and it remains active until the property is transferred, the right expires, or the qualified purchaser releases it.
Plain English — not legal advice.
Property owners subject to OAR 813 § 813-115-0070 are generally expected to provide timely written notice to all recorded right-of-first-refusal holders before accepting, amending, or terminating any third-party purchase agreement. Compliant operators track each triggering event—including changes to offer terms and new third-party offers—and treat each as a separate notice obligation. Accepting the first matching offer from a qualified purchaser, rather than proceeding with a third-party sale, is the standard required response when such an offer is delivered; additional procedural requirements are outlined in ORS 456.263.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
OAR 813 § 813-115-0070 establishes that qualified purchasers holding a recorded right of first refusal are entitled to receive notice each time a property owner takes a significant step toward a third-party sale, including changes to offer terms. Upon receiving that notice, a qualified purchaser may submit a matching offer, and the owner must accept the first one received. Tenants or organizations who believe a notice obligation has been missed or a matching offer improperly rejected may wish to consult a tenant-rights organization or review the related procedural requirements under ORS 456.263 to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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