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Legal support for real estate investment trusts (REITs)

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Publication date: 01.09.2025
Reading time: 6 minutes
Number of views: 30
Stage Term (days) Cost
  • 1
    Stage 1. Initial Consultation and Strategy Selection
    10 $2,783.00

    Stage 1. Initial Consultation and Strategy Selection

     

    At the very beginning, the lawyer holds a detailed conversation with the client: what are the goals for creating the REIT, what types of real estate are planned to be involved, and whether it will be a public or private trust.


    Lawyer's actions:

    1. analyzes the client's business model;
    2. explains the difference between Equity REIT, Mortgage REIT, and Hybrid REIT;
    3. determines the optimal structure (corporation, trust, LLC).
  • 2
    Stage 2. Development of the REIT Legal Structure
    28 $15,125.00

    Stage 2. Development of the REIT Legal Structure

     

    At this step, the lawyer prepares a complete package of documents for forming the investment trust. This is the legal "skeleton" that allows the REIT to operate legally in the USA.


    Lawyer's actions:

    1. preparation of constituent documents (statutory trust agreement, articles of incorporation, etc.);
    2. verification of compliance with IRS requirements (e.g., the 90% profit distribution rule to shareholders);
    3. tax consultations and selection of the optimal jurisdiction (Delaware, Maryland — popular options).
  • 3
    Stage 3. Registration and Compliance
    35 $18,150.00

    Stage 3. Registration and Compliance

     

    Here, the lawyer submits documents to the relevant government agencies and ensures compliance with regulatory requirements.


    Lawyer's actions:

    1. registration of the REIT in the chosen state;
    2. preparation and submission of applications to the SEC (if it's a public REIT);
    3. development of corporate governance policies and internal rules for the board of directors.
  • 4
    Stage 4. Legal Support for Real Estate Transactions
    75 $27,830.00

    Stage 4. Legal Support for Real Estate Transactions

     

    After the REIT is established, the lawyer assists in concluding purchase-sale and lease agreements for properties, as well as structuring financing.


    Lawyer's actions:

    1. preparation of purchase and lease agreements;
    2. due diligence (verification of real estate for encumbrances, debts, litigation);
    3. consultations with creditors and investors.
  • 5
    Stage 5. Tax and Corporate Support
    30 $2,420.00

    Stage 5. Tax and Corporate Support

     

    The lawyer provides ongoing support to the REIT to ensure the company remains compliant and does not lose its benefits.


    Lawyer's actions:

    1. annual verification of REIT compliance with IRS requirements;
    2. preparation and filing of corporate documentation;
    3. advising on dividend payments to investors.
In general
178 $66,308.00

Legal Support for Real Estate Investment Trusts (REITs) in the USA

You've raised capital, purchased several buildings, and initially rejoice—tenants pay, bills come in, and the income seems stable. But when tax deductions "cut" your revenue, and investors start asking about transparency and the dividend distribution mechanism, emotions turn to anxiety. That's when creating a REIT is not an abstract idea but a practical way to organize your business, protect income, and restore investor trust. It's not just registration: it's a clear structure of rules, responsibilities, and tax decisions, where one oversight can lead to significant losses. Legal support turns chaos into a system—you focus on development, while professionals handle complex legal matters.

 

What is included in the legal support service for REITs?

Our clients usually come with various requests. Some are small developers with three residential complexes. Others are family businesses wanting to pass the business to their children while avoiding tax traps. All receive comprehensive support:

  1. REIT Structuring: choosing a model—private, public, or exchange-traded.
  2. Document Preparation: constituent papers, registration, working with regulators.
  3. Tax Planning: compliance with IRS requirements to maintain the trust's preferential status.
  4. Transaction Support: from property acquisitions to lease agreements.
  5. Legal Support for Investors: transparent reporting, protection of all participants' rights.

 

Why do you need a lawyer for real estate investment trusts?

Many think: "I can do this myself, why do I need a lawyer?" But creating a REIT is like playing chess against an experienced opponent. At first glance, it seems simple, but there are dozens of hidden pitfalls.

A lawyer helps avoid:

  1. loss of tax status due to minor errors;
  2. lawsuits from investors who didn't understand the structure;
  3. fines from regulators;
  4. unwanted tax consequences, especially with foreign investors.

 

What will the lawyer do during REIT support?

The lawyer becomes the "architect" of your investment trust. They:

  1. conduct an asset audit and check if they meet REIT requirements;
  2. structure documents to be clear and reliable;
  3. advise on dividends, taxes, and management;
  4. represent interests in negotiations with banks, partners, and investors.

Essentially, you hand over the complex legal part to reliable hands, keeping the main thing for yourself—business development.

 

When is the service particularly needed?

  • You plan to create a REIT from scratch.
  • You have a real estate portfolio and want to reduce tax burden.
  • You attract foreign investors and don't want to risk it.
  • You are preparing the company for an IPO.

 

 

Legal support for REITs in the USA is not just a set of documents. It's a story about protecting investors, stable income, and confidence in the future.

Some call it an expense. In reality, it's an investment in peace of mind and development. Because when an experienced lawyer stands behind you, you know: your assets are working correctly, and your business is moving forward without risks.

 

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Want your REIT to not be an experiment but to generate stable profit? Entrust legal support to professionals—and focus on what matters: growth and capital multiplication.

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As a Client, you are freed from all financial risks when collaborating with Contractors, as the payment amount is reserved by our service and is paid to the Contractor only after receiving confirmation from you about the completion of the stage.

If the service is not provided, the funds are returned to you. The service takes on all financial risks and acts as a guarantor and custodian of funds, and in case of disputes between the parties, acts as an independent Arbitrator.

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Service cost

  • Are you planning to set up a REIT from scratch?
  • Do you need assistance in choosing the type of REIT (Equity, Mortgage, or Hybrid)?
  • Do you require preparation of founding documents and IRS compliance review?
  • Are you planning to register a public REIT with SEC filings?
  • Do you need legal support for real estate transactions (purchase, lease, financing)?
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