Real Estate Investment Trusts (REITs)

Seyfarth’s REIT practice is a multi-disciplinary team of attorneys with combined real estate, corporate, tax, and ERISA experience who have been actively engaged in the REIT world for more than twenty-five years. 

Our clients include half of the largest publicly-traded office REITs in the U.S., one of the largest publicly-traded shopping center REITs and several of the largest free-standing REITs. We have worked with REITs focusing on various property types, including retail, office, industrial, and hotel, giving us insight into the unique issues associated with these asset types.
Our cross-departmental REIT team has been involved in all stages of REIT operations, including formation, qualifying and maintaining REIT status, raising capital, tax advice and structuring, single property and portfolio acquisitions and dispositions, joint ventures, merger and acquisition transactions, direct, mezzanine and participating loans, triple net lease transactions, incentive management fee arrangements and other sophisticated investment arrangements. In addition, we represent several public REITs in their full range of reporting obligations under Sarbanes-Oxley and filings with the Securities and Exchange Commission.
Our attorneys stay ahead of the curve on SEC, IRS and other governmental regulations to help our clients successfully navigate potential road blocks or changes that can impact performance or assets. Our breadth of experience, national presence and significant involvement in industry organizations like the National Association of Real Estate Investment Trusts (NAREIT), allows us to stay abreast of the latest tax developments affecting REITs to provide our REIT clients with up-to-date advice and to help them structure their transactions and investments accordingly. 
Representative Experience
  • Represent one of the nation’s largest REITs from inception in its ongoing SEC and investor relations documentation. 
  • Represented one of the nation’s largest REITs in several underwritten public offerings of common stock and senior unsecured notes since 2009 ranging in size from $250 - $300 million.  
  • Representation of a Listed Australian Property Trust in connection with its formation and its acquisition of a $1 billion U.S. real estate portfolio involving the creation of a tax-advantaged structure, including the formation and operation of a private REIT. 
  • Between 2009 and 2013, we represented a captive U.S. REIT owned by a foreign publicly traded trust in several transactions, including a $124 million acquisition of a 1.6 square foot industrial building in California, the $770 million sale of a 68-property portfolio of industrial properties, and the $550 million sale of a 18-property portfolio of industrial properties. 
  • Since 2011, we have represented a leading office REIT in several acquisitions including a $70 million acquisition of a two-building, class-A office property in Massachusetts and a $56 million acquisition of an office building in Dallas, Texas.