- videocam On-Demand Webinar
- signal_cellular_alt Intermediate
- card_travel Real Estate - Finance
- schedule 90 minutes
Alternative Real Estate Financing Structures: Sale-Leasebacks, Seller Financing, Ground Leases, Crowdfunding
Leveraging Creative Financing Opportunities in a Distressed Market, Minimizing Financial and Legal Risks, Avoiding Pitfalls
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About the Course
Introduction
This CLE webinar will explain the benefits and risks associated with alternative real estate financing structures, including sale-leaseback transactions, seller financing, ground leases, and crowdfunding. The panel will offer best practices for counsel to protect the interests of the buyer or seller when negotiating and structuring these real estate financing deals.
Description
With rising interest rates, higher mortgage costs, and a shrinking pool of commercial real estate lenders, property owners, investors, and developers are facing a myriad of financing challenges. In order to keep capital flowing into commercial real estate deals and projects, investors and developers are considering alternative funding sources, including sale-leasebacks, seller financing, ground leases, and a rather new alternative--crowdfunding.
These alternatives to traditional financing might allow projects to begin while capital markets are slow. Each of the alternatives present a number of advantages, but also potential legal and financial risks, for those who use them. Counsel must carefully assess the benefits and risks associated with each alternative financing structure to properly advise their clients.
Listen as our panel of experienced real estate finance attorneys examines the opportunities and downsides of common alternative real estate financing structures. The panel will outline strategies for protecting the interests of the buyer or seller when negotiating and documenting the real estate deal.
Presented By
Mr. Homburger concentrates his practice in the area of real estate financing, development and investment, and he is particularly noted for his experience in sale/leaseback transactions and the use of advanced financing techniques. He served as an adjunct professor of law at The John Marshall Law School, where he taught a course in advanced real estate transactions. Mr. Homburger is a frequent speaker and writer on topics such as sales and leaseback financing, commercial real estate leases and mortgages, and numerous others.
Mr. O’Sullivan represents developers, investors, governmental entities and not-for-profit institutions on a range of real estate matters with a focus on development issues, particularly those that arise in public-private transactions. He has represented clients on a range of complex transactions for properties across the U.S., including acquisitions and dispositions, large-scale developments, joint ventures, construction projects, and public and private financings. Mr. O’Sullivan also navigates clients through the multi-step process of applying for and utilizing tax incentive programs at the local and federal level. He advises clients on the tax incentives available for investors in Qualified Opportunity Zones and on how to structure those investments given the evolving regulatory framework.
Ms. Whitman is Managing Member of Whitman Legal Solutions, LLC, a national law practice based in the Washington, DC metro area. Her 25+ years of real estate experience includes $5 billion in transactions spanning multiple asset classes, as well as capital stack structuring, real estate securities offerings, workouts, recapitalizations, commercial leasing, rent control, and Section 1031 exchanges. Before forming Whitman Legal Solutions, she served as General Counsel for a national, privately-held real estate securities sponsor which issued tenant-in-common and other Section 1031-qualified real estate securities, as Deputy General Counsel in charge of real estate and securities matters for a public company, as an Administrative Law Judge hearing building, licensing, and rent control cases for the District of Columbia, and as an associate with large law firms located in Columbus, Ohio and New York City. Ms. Whitman also previously served The Uniform Law Commission’s Tenancy in Common Ownership Default Rules Committee and was chair of the Association of Corporate Counsel’s Real Estate Committee. She authors an award-winning blog about real estate and business law and is frequently interviewed and quoted on real estate issues. Ms. Whitman received her J.D cum laude from The Ohio State University and her LL.M. in Securities and Financial Regulation with Distinction from Georgetown University Law Center. In addition to having active bar admissions in the District of Columbia, Maryland, New York, and Ohio, she holds an active Maryland real estate broker license.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Monday, February 26, 2024
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Current market trends
- Alternative real estate financing: benefits and risks
- Sale-leaseback transactions
- Seller financing
- Ground leases
- Crowdfunding
- Other options
- Best practices for negotiating and documenting the deal
The panel will review these and other key questions:
- What are the current market conditions necessitating alternative forms of financing?
- What strategies are being used to facilitate real estate deals in the absence of traditional financing?
- What are the most common deal terms buyers and sellers are negotiating and the benefits and risks of each?
- What are best practices for counsel on both sides of the deal when negotiating terms?
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