What is the definition of a fatal term?

Questioner

I have a notarial agreement that concerns a purchase obligation of another towards me. Below is the first part of this obligation with a term. Within one month after the valuation report has been brought to the attention of the preferential beneficiary, he is obliged to exercise his preferential right, in which case the relevant purchase agreement will have been concluded for the appraised value. Now the following paragraph states: If the preferential beneficiary fails to fulfil his purchase obligation within the aforementioned period, the transferor shall have the right to sell the property sold to a third party for a period of six months, but not at a lower price than that stated under 1 above. The question now is, does the 4 weeks in the first part constitute a fatal term due to what is stated in the second paragraph?

Lawyer

After the expiration of the six months 'waiting period' in connection with the previously offered purchase price, the alienator seems to be released from the above obligation. Because a term is mentioned, this is a forfeiture term.

Questioner

The second part mentioned, 'the aforementioned period' so those 4 weeks is how I read it There is also something else that comes after that, namely The preferential right of the preferential beneficiary revives after expiry of this term And that term refers to those 6 months. So I read it that way

Lawyer

The preferential beneficiary must exercise his right within four weeks after the valuation report has been brought to his attention; this really refers to a special event that does not revive. But if it is stated after those words that the preferential right revives again (after six months), then that prevails.

Questioner

But the big question is On December 28th, the appraisal report was agreed upon and on February 3rd, an agreement was sent to me. This is after that month, and is that month a fatal term? Can I now sell the house to a third party? By the way, I am the selling party here and not the preferential party.

Lawyer

Was it also notified on 28 12 if so then + four weeks. After that a third party may buy the house but not for a lower price.

Questioner

No, that was even earlier.