Questão jurídica principal
Whether the tenant exercised the statutory pre-emption right within the three-month period.
Decisão extraída
The period began when the tenant had sufficient knowledge of the sale terms, including the purchase price; on the facts, that knowledge existed in July 2008, so the later exercise was out of time.
Fundamentação extraída
Knowledge of the contract 'content' under Art. 681a(2) ZGB includes essential terms relevant to the decision to pre-empt, especially the price. The cantonal court’s finding that knowledge arose only on 8 September 2008 was arbitrary because the tenant himself acknowledged receiving the sale notification and indicating an intention to exercise the right already in July 2008.