Reef v. Bernstein

The plaintiffs as buyers entered into a purchase and sale agreement (Reef agreement) with the defendants as sellers for a parcel of land on Canal Street in Boston. The agreement was subject to a right of first refusal held by a tenant of the sellers, the defendant, Robert K. Saffi. Saffi purported to exercise his right of first refusal, and his assignee purchased the property.

The plaintiffs seek specific performance of the Reef agreement, claiming that Saffi’s exercise was not, as required by his right of first refusal under the lease, “under the same price and conditions” as the Reef…