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Question 12
12. Kiko leased a parcel of land to Jackie from January to December 2024 or
for a period of one year. In July 2024, Kiko sent to Jackie a letter which
reads: “I am giving you the first opportunity to buy the leased property
for PHP 1,000,000.00. You have until the expiration of the lease contract
within which to decide.” Immediately, Jackie informed Kiko that she will
buy the leased property for PHP 800,000.00. Kiko did not reply to Jackie.
In August 2024, Jackie learned that Kiko sold the leased property to Bogs
for PHP 800,000.00. Aggrieved, Jackie filed an action against Kiko and
Bogs to rescind their contract of sale. Jackie claimed that the sale
transaction violated her right of first refusal, and that she must be allowed
to buy the property at a similar price of PHP 800,000.00. Can Jackie
rescind the contract of sale between Kiko and Bogs for the alleged
violation of her right of first refusal? Explain.
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