• Oakland – (510) 344-6601
  • San Francisco – (415) 252-9600
California Business Attorneys | Oakland CA
  • Professionals
    • Lonnie Finkel
    • Ruth Auerbach
  • Practices
    • Federal Practice
    • Litigation
    • Transactions
      • Intellectual Property
      • Mergers and Acquisitions
      • Bankruptcy & Restructuring
      • Corporate
      • Tech Start-Ups
      • Real Estate & Environmental
      • Securities & Corporate Finance
  • Insights
    • Blog
    • Resources
      • Copyright Law Fundamentals
      • Protect Your Company’s Software Assets
      • Protect Your Company’s Trade Secrets
      • Crowdfunding White Paper
      • Video Tips
    • Speaking
  • Contact Us
    • 510.344.6601
    • 415.252.9600

Strategies to Extract Capital from Commercial Real Estate to Withstand Covid-19

November 18, 2020 by Hugh Greenup

Commercial real estate owners across the United States continue to struggle with the adverse financial impacts Covid-19 has caused to earnings and liquidity. While the return to something resembling a normal real estate market appears to be months, if not years, away, there are some strategies you can pursue now to extract capital from owned real estate.

Selling Your Air Rights

Depending on a property’s location, the owner may sell the so-called transferable development or air rights (“TDR”) appurtenant to the subject property for a tidy profit. New York City and Downtown Los Angeles are two such jurisdictions that permit the sale of TDRs. Prices can vary from 50 percent to more than 100 percent of the land’s value calculated on a per square foot basis to which the TDRs will attach.

Various Forms of Sale-Leaseback Transactions

A sale-leaseback transaction enables a property owner to monetize its real estate while retaining occupancy and control of the asset under a long-term lease. Owners can structure sale-leaseback transactions in many ways to extract capital, depending on their objectives. In a traditional sale-leaseback, the owner sells the property – comprised of the land and improvements – to a third-party, securing much-needed capital, and then leases it back. One alternative to the traditional sale-leaseback is where the owner sells just the land – instead of the entire property – to a third-party while retaining ownership of the improvements, and then leases the land back.

Another type of sale-leaseback is the prepaid leaseback. The owner leases the property to a third-party in exchange for a one-time lump sum payment at lease inception. The original owner then leases the property back from the third party for recurring payments over the term of the lease. One more version of a sale-leaseback transaction is the contribution leaseback. The owner contributes the property into a form of partnership, and then leases it back. In exchange for the contributed real estate, the original owner receives limited partnership interests that may later convert to cash or REIT shares.

Dividing the Property Into Parts

There are instances where the parts of your real estate assets are more valuable than the whole. Think of a high-rise apartment building with ground-floor retail space leased to a credit tenant. By dividing the building into two legal parcels via vertical subdivision or condominium – one retail and the other residential – the owner can spin off the retail parcel for a premium and retain the residential portion. Alternatively, an owner can finance one or both parcels separately on more favorable terms.

Healthcare Facilities Have Options to Unlock Value

There are many ways for a hospitals and healthcare facilities to unlock value in their real estate portfolio. They can contribute non-core real estate – like a parking structure – to a joint venture with an experienced operator. The facility receives immediate capital to invest in mission-critical items, and passes property management responsibilities to an experienced third-party owner/operator. Another example involves the housing of data. Instead of keeping critical data on-site, the hospital or healthcare facility can move its data off-site to a third-party data service provider, thus freeing real estate to unlock needed capital.

Additional Strategies

Commercial property owners have other options to extract capital. They can seek traditional debt or equity solutions based on the value and equity of their real estate holdings. They can repurpose, sell or lease unused real estate. They may find it useful to license roof-top space for solar or cellular use. They may also wish to consider selling access to their real estate to billboard and sign companies for advertising. You should note that each of the approaches mentioned above involves complex legal, tax, accounting, and other considerations, and should not be pursued without the timely advice of the appropriate professionals.

Finkel Law Group, with offices in San Francisco and Oakland, has close to 40 years of experience counseling commercial real estate owners in a variety of financial and development transactions across California. When you need intelligent, insightful, conscientious and cost-effective legal counsel to assist you with your commercial real estate transaction, please contact us at (415) 252-9600, (510) 344-6601, or at info@finkellawgroup.com to speak with one of our attorneys about your matter. Also visit us on the web at www.finkellawgroup.com to learn more about the firm.

Filed Under: Real Estate Tagged With: commercial real estate, real estate assets, Real Estate Law

   

Real Estate Posts

  • Protecting Your Company’s Real Property Rights Through the Federal Courts
  • Local Government Impact Fees on Land Use Permits Once Again Before the U.S. Supreme Court
  • What is the process of developing and financing a mixed used real estate development in an enterprise zone in an urban area?
  • EPA Publishes Final Rule on Conducting Phase I Environmental Site Assessments Under Superfund
  • Buying Real Estate Does Not Always Include What You May Think It Does

Connect with social media

  • linkedin
  • yelp
  • academia
  • mail

© 2009-2025 Finkel Law Group, P.C. - All rights reserved.

Contact Information

Oakland Office 1999 Harrison St, Ste 1800 Oakland, CA 94612 (510) 344-6601

San Francisco Office One Sansome Street, Suite 3500 San Francisco, CA 94104 (415) 252-9600

info@finkellawgroup.com

Disclaimer: Please be aware that you do not become a client of Finkel Law Group, P.C. nor have we established an attorney client relationship simply by your visiting the Finkel Law Group, P.C. website or by communicating to this office through this website. In addition, you understand and agree that Finkel Law Group, P.C. will have no duty to keep confidential the information you are now transmitting to this office. The content on this website is only for educational purposes and does not constitute legal advice.