Structuring Equity Interests in Real Estate



  • Available Until 9/27/2021
  • Next Class Time 1:00 PM ET
  • Duration 60 min.
  • Format MP3 Download
  • MCLE Credits 1 hour(s)

Course Price: $79.00


Strength in the real estate market has shifted the balance of negotiating power among equity investors, developers and promoters. Investors eager to participate in certain transactions are more amendable to developer terms. Developers, sensing there’s more capital chasing deals, are more emboldened to press their terms – and fees.  Deal terms – forms profit participation, preferred returns, fees, etc. – are reflecting these realties. Still, knowing the tide will turn, investors are eager to secure their investments.  This program will provide you with a detailed discussion of structuring and drafting an equity investment in real estate, including forms of profit participation, related security and guarantee issues, information and control rights, and withdrawal or sale rights. 


  • Form and timing of initial investment, and subsequent capital calls
  • Preferential return of initial capital and preferred claim on profits
  • Information rights, management rights, right to take control on certain events
  • Form of equity interest as choice of entity in the deal
  • Withdrawal, sale or liquidation rights for the equity investor



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.