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Real Estate Sale Leaseback

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Overview

When cash availability and liquidity are top priorities, entering into a sale-leaseback transaction can be a smart strategy. Sale leasebacks offer an effective way to monetize property, raise needed capital and provide a hedge against market uncertainties. If properly structured, a sale-leaseback can unlocks the full value of the property whereas conventional financing is typically limited to a specified loan-to-value ratio ranging from 60 to 80% of a property’s fair market value. Sale leasebacks can also move quicker than conventional financing with fewer underwriting requirements and costs.

Learn more about the benefits and structure of a sale leaseback. 

An Exceptionally Experienced Team

Hinckley Allen’s nationally recognized real estate team has extensive experience representing seller/tenants, buyer/landlords, lenders, equity partners, REITs and other investors in sale-leaseback transactions.

With care, diligence and skill, we excel at structuring, negotiating and executing sale-leaseback transactions that coordinate all legal and business aspects of the deal to meet our clients’ specific needs and best position them for future success. We help sellers gain liquidity while retaining use and control over their real estate and enable purchasers to acquire valuable property with a stable and predictable return on their investment.

Hinckley Allen real estate lawyers have advised on single-property transactions and deals involving large portfolios of commercial properties. We work with national title insurance companies to facilitate title and survey work and deliver results that make sound business sense. In each instance, we take into account the nature and scope of the properties and assets involved and our clients’ goals. Then we advise on the best course of action to meet their objectives.

Services

We provide comprehensive strategic counsel regarding every facet of sale-leaseback transactions. Our experience includes handling:

  • Purchase and sale of properties across asset classes
  • Lease agreements
  • Financial Accounting Standards Board (FASB) compliance
  • Tax advice
  • Comprehensive due diligence, including title reviews
  • Survey reviews
  • Insurance-related issues
  • Environmental concerns
  • State and local law issues
  • Transfer tax and special statutory requirements
  • Post-closing transition

Experience Across Asset Classes

Our firm has advised on sale-leaseback transactions involving health care, education, banking, industrial, warehouse and logistics facilities, office, retail and mixed-use properties, manufacturing facilities, and many other types of properties. As a result, we bring industry experience and insight in structuring customized deals for our clients.

COVID 19 created a need for cash for many businesses which caused an increase in these deals. Our group has handled multiple sale leaseback transactions on tight timeframes.  These have included primarily manufacturing, office and warehouse facilities throughout the country.

Newsroom

Publication

Massachusetts State Courts Uphold Enforceability of Rent Acceleration Default Remedy

December 4, 2023

In a significant case affecting commercial leases in Massachusetts, the Massachusetts Supreme Judicial Court recently issued a decision finding that a full rent acceleration remedy in a commercial lease is enforceable under Massachusetts law. The case is e…

Publication

Ensuring Seller Accountability: Post-Closing Options for Buyers

November 29, 2023

When it comes to real estate transactions, buyers are protected by the Purchase and Sale Agreement which operates as a contract between the buyer and seller. Purchase and sale agreements typically contain numerous representations and warranties from the se…

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Firm News

Kirsten E. Kenney Named Vice Chair of Hinckley Allen’s Real Estate Group

October 25, 2023

Hinckley Allen is proud to announce that partner Kirsten E. Kenney has been named the Vice Chair of the Real Estate Group. Kirsten will share responsibility for overseeing the practice group with Partner and current Chair David Barry Connolly. The group is…