Sale/Leaseback Transactions

The firm has extensive experience in sale-leaseback transactions. In particular, the firm has been involved in the acquisition of assisted living facilities and simultaneous leaseback transaction with a publicly-traded REIT. Many challenges abound in such projects, including that the purchase of an assisted-living facility requires peculiar terms in order to protect the buyer, including the stipulation that the buyer must operate the facility under the seller’s license until the buyer becomes licensed. In addition, there are specific notice requirements that must be followed in the sale of an assisted-living facility, not only to the State of California but also to the residents. Further, special arrangements had to be made concerning governmental reimbursements of services. Another challenge to overcome in these transactions is to successfully negotiate a lease agreement with the applicable REIT.