REITs - Brownstein Hyatt Farber Schreck

Few firms in the Rocky Mountain region have our depth of experience handling legal matters for real estate investment trusts (REITs). Going beyond traditional legal counsel, we advise clients based on a broad industry perspective shaped by years of in-depth involvement in the national real estate market. We have a comprehensive understanding of the business initiatives that underlie REIT transactions, enabling us to address even the most extraordinary details of complex transactions and business ventures.

Our REITs Group includes attorneys with extensive corporate tax experience, as well as experience in corporate and securities matters, public and private financing, private equity and a variety of securitized debt structures. We combine sophisticated services in these areas with efficient staffing and a streamlined organizational process that helps us handle complex matters cost effectively. At the same time, our team is large enough team to process sizeable acquisitions and multiple matters simultaneously.

We handle complex real estate issues related to acquisitions, dispositions, leasing and financing for clients that include national and international owners and operators of industrial facilities, apartment complexes, office buildings and shopping centers.

Our REIT Group can also offer clients something unique: experience and presence in our nation’s capital, where we work to shape policy decisions that may impact our clients’ businesses. Collaborating with our Government Relations Department, we lobby at both the national and state levels to protect the interests of our REIT clients, and to affect rules on corporate governance and taxation that relate to our clients.

 

Representative Matters
  • Represented a real estate investment company in the acquisition and financing of a multi-use, multi-property project in Nashville, TN. Project included an existing 239 unit apartment building and 27,359 square feet of retail space and a to-be-developed 139 unit apartment building and approximately 8,525 rentable square feet of retail space. Provided real property due diligence; amended commercial leases; negotiated membership purchase agreement, joint venture agreement, loan documents, property management agreements, reciprocal access and parking agreements, shared amenities agreement, and temporary construction agreements; and formed, converted, merged and dissolved entities in multiple states.

  • Advised Dividend Capital Diversified Property Fund and Industrial Property Trust, REITs with industrial and commercial portfolios of properties located in multiple states, on several acquisition and disposition transactions, including negotiation of purchase and sale agreements, forward purchase built to suit transactions, diligence efforts to identify and mitigate potential risks, and overseeing the closing of such transactions.

  • Served as Nevada real estate counsel to MGM in connection with the formation transactions to establish its subsidiary MGM Growth Properties LLC, as a publicly traded real estate investment trust, and related financing transactions.

  • Represented Mexico Retail Properties and MRP Group, LP in the largest ever real estate transaction in Mexico's history consisting of the sale of 49 commercial properties and the sale of MRP Group's property management platform for an aggregate purchase price of approximately US $2.0 Billion to FIBRA Uno, the first and largest real estate investment trust in Mexico.

  • Represented an industrial real estate investment trust in the acquisition and forward purchase of industrial properties across the U.S.

  • Represented a regional real estate development firm in formation of a $100 million real estate investment fund.

  • Represented Atria Senior Living Group Inc. in a deal to merge its real estate interests with the Ventas Inc. real estate investment trust. Brownstein's representation included the analysis of and advice concerning state and local licensing requirements for assisted living and senior living facilities in Colorado, Utah, New Mexico and Nevada; a legal opinion regarding certain transactions affecting facilities in New Mexico; and research and preparation of applications for several ancillary licenses in some of the states, including interfacing with state health officials.

  • Represented an industrial REIT in its $41 million acquisition of an 824,000 square foot distribution center, fully occupied by Home Depot, in Hagerstown, Maryland.

  • Represented a publicly-traded, Denver-based real estate investment trust in the negotiation, sale and closing of more than $163 million in sales of 18 apartment complexes located across the United States.

  • Represented the owner of a GSA leased building with acquisition and permanent financing of the site, lease extension with the GSA, and eventual sale of building with assumption of the existing loan by a REIT purchaser.

  • Represented a publicly-traded, Denver-based real estate investment trust in the negotiation, sale and closing of more than $208 million in sales of 13 apartment complexes located across the United States.

  • Represented a Denver-based diversified Real Estate Investment Trust (REIT) in the negotiation, acquisition and closing of a sole tenant office building valued at more than $51 million and located in Princeton, New Jersey.

  • Represented a publicly-traded, Denver-based real estate investment trust in the negotiation, sale and closing of more than $433 million in sales involving 33 apartment complexes located across the United States.

  • Served as counsel for Nationwide Health Properties, Inc. in connection with the acquisition of a portfolio of Nevada-based medical office buildings in a down REIT transaction.

Meet The Team

Aaron M. Hyatt Shareholder T 303.223.1107 ahyatt@bhfs.com
Bruce A. James Shareholder T 303.223.1167 bjames@bhfs.com
Blair E. Lichtenfels Shareholder T 303.223.1190 blichtenfels@bhfs.com
J. Tenley Oldak Shareholder T 303.223.1159 toldak@bhfs.com
Ashley B. Wingfield Shareholder T 303.223.1218 awingfield@bhfs.com