RIGHT OF FIRST REFUSAL IN LEASE - WAIVER

See Blum v. Kenyon, 29 Mass App 417, 560 NE2d 742 (1990) which involved a "lease-option" agreement that provided that the option, if not sooner exercised, would be automatically exercised upon termination of the lease, but with time not of the essence. Buyer continued to make and seller to accept periodic rent payment, and buyer's option was held to still be in effect four months after expiration of the lease. Also, see Stone v. W.E. Aubuchon Co., Inc., 29 Mass.App. Ct. 523, 562 N.E.2d 852, (1990) in which the Lessee was given a first refusal to purchase, exercisable within 30 days of any bona fide offer to purchase.  Lessor sold the property without giving notice to the Lessee, but the purchaser thereafter notified Lessee of the sale.  Lessee continued to make rent payments to the new Lessor for 3 years before attempting to assert its right of first refusal.  The court held that the Lessee had only a reasonable period of time following notice of the sale by the new Lessor and that, in this case, the period in which the Lessee could exercise its rights had expired.  Also, see Mullett v. Peltier, 31 Mass App 445 and Roberts-Neustader Furs, Inc. v. Simon, 17 Mass App 262, 457 NE2d 668 (1983)