Real Estate

At Vicente Sederberg, our real estate attorneys understand the unique challenges our clients face in the cannabis industry and proudly offer sophisticated legal protection and regulatory compliance in every jurisdiction in which we operate.

For over a decade we have focused strictly on cannabis law and recognize the critical role real estate plays in the growth of the industry. We represent a wide variety of clients in the leasing, purchase, and sale of commercial, industrial, and agricultural properties for use in the marijuana and hemp industries. 

Our clients rely on our efficiency and ability to structure, negotiate and complete real estate financing transactions. We represent lenders, institutional investors, and borrowers across the country, handling real estate financing transactions involving different commercial real estate classes. 

Additionally, many years of national experience enable our team to advise clients on real estate investment opportunities for, and limitations on, out-of-state mortgage investments and the customs and practices of various states. We maintain an extensive state-by-state library of uniform mortgage financing and mortgage transfer documents and opinions together with a nationwide network of local counsel. Our attorneys apply a cross-disciplinary approach to every real estate transaction, leveraging the extensive experience and specialized knowledge of several VS practice groups, including Administrative Law, Corporate, Insolvency & State Receivership, Land Use & Zoning, and Licensing

Services

  • Purchase and sale of properties
  • Due diligence on property feasibility
  • Cannabis specific lease provisions and lease negotiations for landlords and tenants
  • Title and deed review
  • Real estate debt transactions, including permanent mortgages, bridge loans, mezzanine loans, construction loans, credit tenant lease financings, and participations and syndications among lenders
  • Facilitate investment vehicles for direct mortgage investment, mezzanine financing, and other forms of capital markets structured financings
  • Advise on capital market investor requirements to ensure the structuring of loans in a manner that facilitates various dispositions and structuring borrowers as bankruptcy-remote special purpose entities
  • Joint venture and other equity investment transactions
  • Land use, zoning, and other entitlements

Experience

  • Represented numerous landlords and tenants in cannabis lease negotiations
  • Represented numerous cannabis companies in navigating land use and zoning issues related to licensure
  • Represented tenant in negotiating a twenty-year cultivation lease with Power REIT in Crowley County, Colorado

News

Charles Alovisetti to Present Cannabis Real Estate Financing CLE

Jul 1, 2021

The CLE, titled "Financing Cannabis-Related Real Estate: Structuring Options, Enforcement Issues, Regulatory Hurdles" will analyze legal and practical issues borrowers and lenders need to consider when documenting and funding a loan transaction secured by cannabis-related real estate.

What is a Cannabis REIT?

By Charles Alovisetti, Cassia Furman
Apr 23, 2021

To many in the cannabis industry, REIT is not a common acronym. Yet, as cannabis businesses seek ways to raise funds, REITs are coming up in more and more conversations.

Commercial Leases Involving Cannabis Businesses

By Ben Leonard and Brett Williams
Mar 9, 2021

This article published by the Colorado Bar Association addresses issues unique to cannabis-related business lease transactions and offers suggestions for structuring such leases to maintain regulatory compliance.