Dickinson Wright

Capital formation counsel for real estate sponsors

Legal structure for real estate syndication and fund formation, from first raise to fund platform

Most sponsors start raising before they are legally ready

01

Talking to investors too early

Sponsors describe the deal and expected returns before any exemption is in place. By the time they call us, the deal already has a compliance problem baked in.

02

Recycled offering documents

Documents borrowed from another sponsor's raise almost never match the new deal's economics or structure. They create liability nobody sees until a lender, auditor, or investor does.

One early conversation prevents both.

From entity formation to fund governance

We structure the legal side of real estate capital raises so sponsors can focus on the deal.

Single-Asset Focus

Real Estate Syndication

Single-asset capital raises built around your specific deal, not a template from someone else's.

  • Exemption strategy: We determine whether 506(b), 506(c), Regulation A+, Regulation S, or Regulation CF fits your investor base and marketing plan, then build the structure around that decision.
  • Entity formation: Issuer entity, sponsor entity, manager/GP entity, and any SPVs required for the capital stack.
  • Offering documents from scratch: Private placement memorandum, LLC agreement, limited partnership agreement, investment management agreements, and subscription agreements, each drafted to match your deal economics, not adapted from a prior raise.
  • Promote, waterfall, and investor economics: We design the preferred return, sponsor promote, and distribution waterfall alongside you, flagging structures that will be hard to administer or will not survive a downside scenario.
  • Regulatory filings and compliance: Form D submissions, investor disclosures, capital call documentation, and Blue Sky/state securities filings coordinated wherever your investors are.
Real Estate Syndication
Real Estate Fund Formation
Multi-Asset Scale

Real Estate Fund Formation

Multi-asset vehicles for sponsors who have outgrown single-deal raises and need a structure that scales with their deal pipeline.

  • Fund design: Closed-end, open-end, semi-specified, blind-pool, and co-GP structures matched to your acquisition strategy and investor expectations.
  • Fund documentation: Private placement memorandum, limited partnership agreement and LLC agreement, side letters, management agreements, and subscription documents drafted for institutional-grade governance.
  • Carried interest and fee structures: Promote, waterfall, management fees, and expense allocations designed to withstand LP scrutiny and due diligence.
  • Regulatory navigation: Investment Advisers Act, Investment Company Act, ERISA, and broker-dealer compliance counseling so the fund operates within the right exemptions from day one.
  • Capital raising support: Marketing material review, placement agent agreements, and investor onboarding frameworks.
  • Lifecycle counsel: Amendments, capital calls, investor communications, follow-on raises, recapitalizations, and dispositions as the fund matures.

Built for sponsors who plan to raise more than once

Our best work is for real estate sponsors, developers, and investment managers who are serious about raising capital the right way and intend to do it more than once. The common thread is a client who sees legal structure as part of building a durable platform, not a box to check at closing.

That includes first-time syndicators who want to start with a clean, defensible structure, experienced operators scaling from one-off syndications into funds, and growing platforms adding vehicles to their pipeline.

Deal Size

Lower seven figures through ~$1B.

Geography

National practice. Licensed in TX, WA, OR, and ID. Based in Austin.

Who we do not take on

Deals where the sponsor wants to raise first and paper it later. Structures built to evade registration rather than comply with an exemption. Clients unwilling to make required disclosures to investors.

What to expect

We quote timing, scope, and cost on the first call. No vague answers. A sponsor cannot plan a raise around uncertainty, so we do not create any.

You get direct answers early

Every new prospect asks some version of the same three questions: Which exemption should I use, and can I advertise? How long until documents are ready? What will this cost? We answer all three on the first call.

We shape the economics, not just the paperwork

We structure and negotiate the promote, waterfall, preferred return, and governance terms. We flag splits that are hard to administer and fees likely to draw investor pushback. Sponsors who only want a scrivener can find one cheaper.

Closing is the beginning, not the end

We handle amendments, capital calls, investor communications, follow-on raises, recapitalizations, and dispositions. 95% of clients come back for a second engagement. Most stay for many more.

The Attorney

Jason Powell, Dickinson Wright

Jason Powell

  • Co-author, The Lawyer's Guide to Raising Capital for Business People
  • Author, The Real Estate Syndication and Funds Handbook (forthcoming)
  • Licensed in Texas, Washington, Oregon, and Idaho

In-house GC background

Served as general counsel to two companies before private practice. Thinks about cost, timing, and operational reality, not just legal risk in the abstract. When he drafts a waterfall, an operating agreement, or an investor disclosure, he is thinking about how it reads to a lender, an auditor, a frustrated investor, and a future buyer, not just whether it satisfies the rule.

Outside general counsel across deals

The person clients call between raises, not just during them. He thinks about the relationship across your deal pipeline, not just one transaction.

Dickinson Wright platform

Full-service national firm behind a single point of contact. Tax structuring, acquisition agreements, lender negotiation, litigation support when needed. Boutique responsiveness, institutional credibility.

Capital raises we've structured for sponsors

Real Estate Fund
$200M

Green Single-Family Fund

Real estate fund, green single-family construction.

Opportunity Zone Fund
$100M

Multifamily OZ Fund

Opportunity Zone fund, multifamily.

Private Money Lending
$60M

Secured Lending Fund

Private money lending fund, secured real estate lending.

Regulation A+
$50M

Vacation Rental Portfolio

Regulation A+ offering, single-family vacation rentals, public-investor access.

Real Estate Fund
$50M

Mobile Home Park Fund

Purchase and operation of mobile home parks.

Multifamily Offering
$25M

Apartment Acquisition

Multifamily offering, acquisition and operation of apartment properties.

Frequently asked questions

When should I engage securities counsel in my raise? +

Before you talk to a single investor. Once you start describing the deal and expected returns, you may have already begun a general solicitation or initiated an offering without an exemption in place. One conversation before you start raising prevents compliance problems that are difficult and expensive to fix after the fact.

Can I reuse offering documents from a previous deal or another sponsor? +

We strongly advise against it. Recycled documents almost never match the economics, entity structure, or exemption strategy of the new deal. They create disclosure gaps and liability the sponsor does not see until a lender, auditor, or investor does. Every engagement starts with documents drafted to match your specific structure.

Which exemption should I use? +

Depends on your investors and how you plan to reach them. 506(b) if you have existing relationships and no need to advertise. 506(c) if you want to generally solicit. Reg A+ if you want non-accredited investors. We determine the right path on the first call.

How long does it take to get offering documents ready? +

Syndications: ~2 weeks. Fund formations: ~2 to 3 weeks. We quote timing on the first call based on your specific deal.

What documents will I receive? +

Depends on the structure, but a typical syndication engagement produces a private placement memorandum, operating agreement or limited partnership agreement, subscription agreements, and Form D filings. Fund engagements also include management agreements, side letter frameworks, and governance documents. Everything is drafted from scratch for your deal.

Do you advise on deal economics or just document them? +

We advise. We help structure the promote, waterfall, preferred return, and governance terms. We flag when something will not hold up under a downside scenario or will invite investor pushback.

Ready to structure your next raise?

Schedule a 30-minute discovery call. We will scope the deal, identify the right exemption, and give you a clear timeline and cost estimate.

Backup contact: jpowell@dwlaw.com · 512-567-5308