Continuing Legal Education

TELESEMINAR: Sale / Leaseback Transactions in Real Estate – A National Perspective

April 29, 2014
12:00 – 1:00 p.m.
1.00 MCLE hours


Sale/leasebacks of property are sophisticated real estate transactions where both seller/tenant and investor/landlord can obtain substantial financial, tax and operating benefits. The property owner builds or buys a property it intends to use for its own purposes, sells it to an investor, and then immediately leases it back from the investor for a term of years. Properly structured, the seller/tenant can harvest equity from a building while still using it or finance construction on favorable terms and obtain tax benefits. The investor/landlord can also obtain substantial financial and tax benefits. However, if the transactions are not properly structured, there is a substantial risk of adverse financial and tax consequences, nullifying all economic benefits.  This program will provide you with a practical guide to understanding the economics of sale/leaseback transactions, properly structuring these deals, and drafting trips to avoid traps.


  • Structuring sale/leaseback transactions in real estate and business
  • Reasons for doing a sale/leaseback transaction – tax benefits, liquidity needs, exit strategy for property owner, finance of purchase or construction
  • Types of leasebacks – standard/full, partial, short-term, seller-to-vacate
  • Practical drafting guidance to avoid common and costly mistakes
  • Characterization of transaction as a financing – and financial/tax consequences
  • Unwinding sale/leaseback transactions


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Program Speaker:
Richard R. Goldberg,
Ballard Spahr, LLP, Philadelphia



Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.