• videocam Live Webinar with Live Q&A
  • calendar_month July 29, 2026 @ 1:00 pm ET/10:00 am PT
  • signal_cellular_alt Intermediate
  • card_travel Real Estate - Finance
  • schedule 90 minutes

Structuring Tenants in Common Real Estate for Section 1031 Exchanges

Balancing Tax Law, Securities Law, and Mortgage Lender Requirements

About the Course

Introduction

This CLE course will discuss the legal and structuring issues associated with tenants in common (TICs) real estate investments, focusing on financing requirements and Section 1031 exchanges. The panel will discuss the entity, due diligence, and loan document provisions needed for the TIC borrower, the potential securities law issues associated with sponsored TICs, and how TICs should be structured to comply with federal tax law for a Section 1031 exchange.

Description

TIC transactions can offer real estate investors deferred taxation on their capital gains via Section 1031. Sponsored TICs additionally provide investors with the opportunity to diversify their investment portfolio and to own an interest in larger real estate assets. However, sponsored TICs not only must comply with Section 1031 but also usually are securities and must comply with federal and state securities laws. Complying with these legal requirements can create challenges in meeting mortgage lender requirements.

Listen as our authoritative panel discusses the financing, securities, and tax issues associated with TIC transactions.

Presented By

Clint Kakstys
Member
Sills Cummis & Gross, PC

Mr. Kakstys’ practice focuses on the acquisition, disposition and financing of commercial properties. He represents owners of properties throughout the U.S. in connection with purchases and sales, with particular emphasis on shopping center transactions. Mr. Kakstys also represents institutional lenders in the origination of commercial mortgage loans for their securitization and balance sheet lending platforms. His practice encompasses financing a variety of property types throughout the country, including retail, multifamily, office, hotel and industrial assets, and he has experience with a wide array of financing structures and deal features, including subordinate and mezzanine debt, 1031 and reverse 1031 exchanges, leasehold mortgages, industrial development agency interests and tenancy-in-common ownership. Mr. Kakstys also has experience representing clients in connection with loan purchases, sales and modifications and commercial leases and subleases.

Elizabeth A. Whitman
Attorney
Whitman Legal Solutions, LLC

Ms. Whitman focuses her practice in business, commercial real estate, and securities law, including representation of small businesses, real estate investors, and musicians. Her creative, yet detail-oriented, approach and broad legal experience in large law firms, corporations, and as an administrative law judge enable her to evaluate legal issues from multiple perspectives and to develop innovative solutions for her clients’ most complex legal challenges. With more than 25 years of experience, including nearly a decade as in-house General Counsel for a national, privately-held company and experience as Deputy General Counsel in charge of business, securities, and real estate for a publicly-traded company, Ms. Whitman is uniquely qualified to serve as outside general counsel for businesses of all sizes. She also has significant experience supporting HR departments, including creation and review of handbooks, compensation and severance policies, and EEO risk assessment. 

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, July 29, 2026

  • schedule

    1:00 pm ET/10:00 am PT

I. Section 1031, Rev. Proc. 2002-22

II. Use of disregarded special purpose entities in TIC transactions

III. Key terms of the TIC agreement

IV. Securities law compliance with sponsored TICs

V. Addressing mortgage lender requirements in a TIC transaction

The panel will review these and other critical issues:

  • When should a real estate investor consider a TIC investment for their Section 1031 exchange?
  • Structuring a TIC investment that complies with both tax and securities laws
  • Preparing the TIC agreement
  • Addressing securities law concerns in a sponsored TIC offering
  • Negotiating mortgage loan documents for a TIC
  • Exiting a TIC structure upon property disposition or for a troubled asset