Lawyers in our group advise and represent REITs in all aspects of their organization and business, structuring transactions, and raising capital.

We represent both issuers and underwriters in capital-raising transactions for REITs. We advise publicly traded REITs with respect to their public offerings and public reporting and compliance requirements with the Securities and Exchange Commission (SEC) and the national stock exchanges.  Our attorneys also represent publicly registered, non-traded REITs in organizing and structuring their public offerings, including compliance with the SEC’s disclosure requirements and FINRA’s rules as well as state “blue sky” securities compliance. Arent Fox attorneys understand the complexities that the multilevel regulatory environment presents to non-listed REITs as well as the due diligence requirements from the independent broker-dealer network involved in selling these investments. We represent so-called “private” REITs, such as those whose principal direct or indirect owners are certain types of exempt organizations. Our lawyers are well versed in the restrictions placed on REITs regarding the assets, leases, and investments they may hold from the various aspects of tax regulation, securities compliance, and relationships with other entities.

We have extensive experience representing REITs in all aspects of their real estate acquisitions and dispositions and credit transactions, including credit facilities, term loans, and mortgage loans. This includes representation of REITs in structuring their joint ventures. In all of these activities, our lawyers work with our REIT clients to assure that the transactions they enter into will comply with applicable restrictions on REIT assets and activities. Because of our extensive REIT experience, we are able to effectively represent our non-REIT clients when they enter into joint ventures and other strategic relationships with REITs.

In our representations of REITs, we have been involved in, and have given advice with respect to, all types of real estate investments, including both single asset and portfolio investments in multifamily residential properties, commercial office buildings, retail properties, hotel and hospitality projects, industrial/flex buildings, and senior living and other health care facilities.