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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

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Monday, February 26, 2024

Recorded event now available

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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.

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Outline

  1. Current market trends
  2. Alternative real estate financing: benefits and risks
    1. Sale-leaseback transactions
    2. Seller financing
    3. Ground leases
    4. Crowdfunding
    5. Other options
  3. Best practices for negotiating and documenting the deal

Benefits

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?

Faculty

Homburger, Thomas
Thomas C. Homburger

Attorney
University of Arizona James E. Rogers College of Law

Mr. Homburger concentrates his practice in the area of real estate financing, development and investment, and he is...  |  Read More

O’Sullivan, Patrick
Patrick J. O’Sullivan, Jr.

Partner
Herrick Feinstein

Mr. O’Sullivan represents developers, investors, governmental entities and not-for-profit institutions on a range...  |  Read More

Whitman, Elizabeth
Elizabeth A. Whitman

Managing Member
Whitman Legal Solutions

Ms. Whitman has over 30 years of experience as a business and real estate attorney. Her varied experience includes...  |  Read More

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