A right of first refusal (ROFR) is an agreement giving its holder the right to purchase property in certain circumstances. ROFRs usually concern real estate, but they can cover any type of property. Generally, ROFRs provide that if an owner receives a bona fide offer to buy its property on terms it wishes to accept, the owner must give the ROFR holder notice of the offer and the opportunity to match it. The ROFR holder has no obligation to match the offer and it can refuse to do so. In that instance, the owner is free to sell the property to the offeror. If the ROFR holder does match the offer, the holder has the right to buy the property and the owner must sell it to the ROFR holder. But as Mitchell L. Marinello and Andrew P. Shelby demonstrate in their January 2021 Illinois Bar Journal article, “Right of First Refusal, Right?” under the peculiarities of Illinois law, ROFRs generally are enforceable but can lead to litigation, specifically when a property’s ROFR provisions may not be considered definite enough to be enforced.

The Metropolitan Correctional Center (MCC) Chicago is seeking an attorney for the Consolidated Legal Center (CLC), St. Louis, Missouri.

The Secretary of State’s office is looking for an attorney to serve as assistant general counsel in the Springfield office advising the vehicle services department. The duties of this position include drafting legislation and administrative rules, advising the department regarding compliance with existing laws and regulations, answering questions regarding the licensing of vehicle dealerships, and participating in formulating policies for the operations of the department. The attorney will also assist the personnel department in collective bargaining agreements and litigation concerning personnel actions, and represents the Office of the Secretary of State at arbitration proceedings.

In Smart Oil LLC v. DW Mazel, LLC, the U.S. Court of Appeals for the Seventh Circuit confirmed that lawyers are essential in real estate transactions. The Seventh Circuit recognized its role in interpreting contracts and giving effect “to the intention of the parties as expressed in the agreed terms.” Lawyers are the client’s advocate, charged with articulating the client’s precise intentions in the agreement, and then guiding the transaction with careful attention to detail through closing. According to William J. Anaya in his January 2021 Illinois Bar Journal article, “Old Wine in New Cases,” Smart Oil offers insights to environmental and real estate lawyers and a cautionary tale for those who seek to cleverly avoid or circumvent settled law in modern real estate transactions. Anaya advises lawyers who represent sellers and buyers in transactions and litigation are well served in reading this Seventh Circuit’s primer on settled law in Illinois.