their intent to purchase a particular land, the seller has the obligation to choose a buyer observing the abovementioned order of priority. But if all pre-emptors belong to the same category, the seller shall be free to choose any of them. On the other hand, if a lower-ranked pre-emptor offers a higher price than the higher-ranked pre-emptor, the seller repeats the procedure and publishes a new offer at a higher price.
Finally, if no pre-emptor submits any acceptance letter within the 30-day time limit, the sale shall be opened to all third parties, at the same or higher price and on the same terms stipulated in the offer for sale. It is important to note that all sale and purchase agreements concluded in breach of this preliminary procedure and those concluded at lower prices and/or on more advantageous terms than those set out in the original offer are sanctioned by absolute nullity.
The Ministry of Agriculture and Rural Development and its territorial structures are the government institution responsible for the supervision and control of the entire procedure, with the following main tasks: (i) publishing the sale offers and the acceptance letters on the official website for 15 days; (ii) verifying the exercise of the pre-emption rights; (iii) verifying that the potential buyers meet the legal conditions; (iv) issuing the approvals related to the sale and purchase agreements; (v) setting up and managing the database of agricultural lands located outside the built-up area; (vi) causing its own staff to impose the sanctions provided by law.
As far as the sanctions are concerned, the law stipulates the breaching of which articles is considered a misdemeanour and sets out fines between RON 50,000 and RON 100,000 for each of them.