Can't sell your non-traded REIT? | Getting out of your REIT Investment (2024)

Getting out of a non-traded real estate investment trust, or REIT, can often be rather difficult and expensive. Once a REIT is closed to new investors, the board of directors of the REIT can suspend the redemption policy. If this happens, investors have limited options available for selling their non-traded REIT shares. This can be extremely problematic if the value of the REIT begins to decline, and can cause investors to sell their shares on the secondary market at a discount; losing a substantial amount of their investment in the process.

With limited ways to recover their investment, many investors may feel as though they have no where to turn. That’s where they’re wrong. As an investor, you may have legal options to recover your losses.Get a free case evaluation from a securities lawyer to learn more.

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What is a Non-Traded REIT?

Real estate investment trusts, or REITs, are companies that own or finance income-producing real estate from a variety of property sectors. These REITs are created to pool the money of many investors and invest in real-estate such as hospitals, healthcare facilities, hotels, office buildings, and even infrastructure.

Non-traded REITs are REITs that are not sold on a national securities exchange. Unlike publicly traded REITs, these funds are often illiquid, and can remain illiquid for up to eight years or more after the initial purchase date. Additionally, the board of directors of the REIT can suspend redemptions or stop distribution payments during this time, significantly harming investors in the process. According to Investopedia:

The value of the investment made into such an REIT could have decreased or become worthless at the time the program is liquidated.

While some non-traded REITs can pay high distributions, other non-traded REITs come with a variety of risks and have resulted in substantial losses. If you had your REIT distributions suspended, had your investment value decrease, or are unable to redeem your shares, you may have a claim. Contact us today to learn more about recovering your losses.

Visit our FAQs to learn more about non-traded vs. traded REITs.

Non-Traded REIT Risks

Many investors have reported being sold non-traded REITs without fully understanding the risks associated with these investments. Here are a few key facts about non-traded REITs that REIT investors should look out for:

  • Non-traded REIT distributions are not guaranteed and can be suspended at any moment by the board of directors. In fact, REIT companies often pay distributions through loans, which can decrease the value of the investment and put the company at risk of suspending distributions.
  • Non-traded REITs can go “underwater” if their liabilities exceed the value of their assets.
  • Front-end fees can often be extremely high for non-traded REITs, with these fees reaching as high as 15%. This can give negligent financial advisors and stock brokers an increased incentive to sell these REITs, even if the investment is unsuitable for the investor.
  • There is little secondary market to sell non-traded REITs, meaning investors are either stuck with their investments or forced to sell at a huge discount.
  • While many investors may believe they are making money, some of the money they are given may simply be a return of part of their initial investment.

Stock brokers and financial advisors have a duty to disclose any risks related to an investment, and recommend only suitable investments for a person’s age, risk tolerance, and investment experience. If your financial advisor or stock broker recommended a non-traded REIT to you, and you ended up losing money or remain stuck in the REIT as a result, you may be a victim ofREIT fraud. Speak with an experiencedsecurities lawyerto learn how you may recover your losses.

Difficulty Selling Your Non-Traded REIT?

Since most non-traded REITs are illiquid, there are often restrictions to redeeming and selling shares. While a REIT is still open to public investors, investors may be able to sell their shares back to the REIT. However, this sale usually comes at a discount; leaving only about 70% to 95% of the original value.

Once a REIT is closed to the public, REIT companies may not offer early redemptions. If the REIT does offer early redemptions, these redemptions often result in high fees that may actually lower the total returns. Redemptions are also typically limited and may price shares below the purchase price, and even below the current price. Additionally, these redemptions can be suspended at any point by the REIT’s board of directors.

With limited redemption options, investors’ money can be tied up in the REIT for a long period of time. If the REIT suspends its redemption program, investors may have no option but to turn to selling their shares to third parties on the secondary market.

What To Do If Your REIT Stops Offering Redemptions: Selling Your REIT On The Secondary Market

A lot can happen in the amount of time that a REIT is illiquid. If a REIT begins to perform poorly, investors may seek to get their money back early. REITs that stop offering redemptions leave shareholders with limited options, often forcing investors to sell their shares on the secondary market at a steep discount.

The good news, however, is that this may not be the investor’s only option. Investors who remain tied up on their non-traded REIT, and lose a significant portion of their investment as a result, may be able to pursue legal claims to recover their losses. Investors may be eligible to join a class action against the non-traded REIT, or may even be able to file an individual arbitration claim. The legal options available vary depending on an investor’s individual case. Speak with an experienced attorney for free to learn how you can recover your losses.

Bad Non-Traded REITs: Low Tender Offers, Returns Down, Redemptions Suspended & Distributions Stopped

Recently, many investors have reported significant losses from certain REIT investments. Some of these investments reported decreased net asset values (navs) and many suspended distributions and redemptions. Additionally, these investments have received tender offers extremely below the original, and even current, value. Some of these investments include:

  • Hospitality Investors Trust REIT:Hospitality Investors Trust was originally offered at $25 per share. As of December 31, 2018, the company estimated the REIT’s net asset value at $9.21 per share. Tender offers have ranged as low as $5.53 per share, and the company suspended distributions in 2017, significantly harming investors.
  • Benefit Street Partners REIT: Benefit Street Partners REIT was originally priced at $25 per share. As of September 30, 2018, the REIT’s nav was estimated to be $18.75 per share. Unsolicited tender offers for this REIT, however, have reached as low as $12.05 per share.
  • Northstar Healthcare Income REIT:Northstar Healthcare Income was originally offered at $10.20 per share in 2013. By 2018 the REIT had lost 30% of its value and tender offers ranges as low as $3.39 per share. Then, in 2019, the company cut its distributions, significantly harming investors.
  • The Parking REIT:The Parking REIT was initially offered at $25 per share. Since then, tender offers have ranged as low as 48% below the purchase price.

If you invested in any of these REITs, or others, you may be eligible for monetary recovery. Find out how you can avoid selling your shares for a discount.

Non-Traded REITs Lawsuits & Investigations

Gibbs Law Group is currently investigating a number of non-traded REITs on behalf of shareholders. These REITs include:

  • Northstar Healthcare Income
  • Hospitality Investors Trust
  • Benefit Street Partners Realty Trust
  • FS Credit Real Estate Income Trust–I
  • The Parking REIT
  • Cole Credit Property Trust III (“CCPT III”)

If you invested in any of these REITs, or others, we may be able to help. Speak with a lawyer to learn more about our REIT lawsuits.

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Our Featured REIT Fraud Attorneys

Can't sell your non-traded REIT? | Getting out of your REIT Investment (8)Scott Silver

Scott focuses his law practice on securities arbitration and litigation and plaintiff-side class action litigation, representing individual investors and institutions in claims against brokerage firms, investment advisors, commodities firms, hedge funds and others.

Eileen Epstein Carney

Eileen is involved in the firm’s securities practice and has over a decade of experience in the legal world. She received her law degree from American University in 2005.

Dave Stein

David’s advocacy has generated major recoveries for consumers impacted by financial fraud. He was named to the Top 40 Under 40 by Daily Journal and a “Rising Star in Class Actions” by Law360.

Amanda Karl

Amanda is spearheading a securities lawsuit against NantHealth concerning fraudulent statements to investors about the success of its key product.

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Gibbs Law Group’sfinancial fraudandsecurities lawyershave more than two decades of experience prosecuting fraud. The firm has successfully litigated against some of the largest companies in the United States, and has recovered more than a billion dollars on clients’ behalf.

Gibbs Law Group attorneys have fought some of the most complex cases brought under federal and state laws nationwide, and have been recognized with numerous awards and honors for their accomplishments, includingTop 100 Super Lawyers in Northern California,Top Plaintiff Lawyers in California,The Best Lawyers in America, and ratedAV Preeminent(among the highest class of attorneys for professional ethics and legal skills).

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Silver Law Group is a team of securities lawyers, forensic accountants, and support staff who are dedicated to helping investors recover losses through securities arbitration and litigation.

The firm is led by Scott Silver, a former Wall Street defense attorney who has been representing customers in securities and investment fraud cases since 2002. Scott is admitted to practice in New York and Florida and the firm’s FINRA arbitration attorneys represents investors nationwide.

Can't sell your non-traded REIT? | Getting out of your REIT Investment (2024)

FAQs

Can't sell your non-traded REIT? | Getting out of your REIT Investment? ›

Getting out of a non-traded real estate investment trust, or REIT, can often be rather difficult and expensive. Once a REIT is closed to new investors, the board of directors of the REIT can suspend the redemption policy.

Can you sell a non-traded REIT? ›

Because these Non-traded REITs are not listed on an exchange, their shares are illiquid, and they have substantial valuation and redemption risks as a result. Investors of non-traded REITs can typically only sell their shares after a holding period of a year and under a limited repurchase program.

Can you pull money out of a REIT? ›

Their dividend rate is higher than most equities or other fixed-income investments. REITs have a low correlation with other assets, which makes them an excellent choice for portfolio diversification. REITs are highly liquid; if you need to pull your money out, you simply sell your shares on a stock exchange.

Can you sell your REITs? ›

Investors may buy and sell them in the same way as stocks during a trading session. The investor can benefit from possible monthly or quarterly dividends while holding their REIT shares as well as a potential profit when they sell their REIT shares if the REIT's market value increases.

How are distributions from non-traded REITs taxed? ›

How Are REIT Dividends Treated for Tax Purposes? Allocations of dividends from Non-Traded REITs are ordinary income, capital gains, or return of capital. Part of the dividend that exceeds the REIT's taxable income and is not taxed is the return of capital distribution.

How to get out of a non-traded REIT? ›

Shares of non-traded REITs do not trade on any public exchange, and there is no way for investors to readily sell their shares. Once you're in, they are illiquid – you cannot get out, often for periods of eight or more years.

What are the risks of a non-traded REIT? ›

Income Risk: While non-traded REITs must distribute 90% of their annual taxable income, dividends are not guaranteed. In addition, non-traded REITs may use offering proceeds and borrowings to pay distributions, which reduces the value of investors' shares and capital available to invest in real estate assets.

What is the 2 year rule for REITs? ›

(iii) With respect to property that consists of land or improvements, the REIT has held the property for not less than two years for the production of rental income.

What is the withdrawal limit for REITs? ›

BREIT allows withdrawals of as much as 2% of the fund's net asset value monthly or 5% each quarter. Investors pulled back from real estate as high borrowing costs cut into property values. Now, the Federal Reserve has signaled its monetary tightening campaign is winding down.

How do you get money from REIT? ›

Properties can generate rental income, which, after collecting fees for property management, provides income to its investors. These REITs generate income from renting real estate to tenants. After paying expenses for operation, equity REITs pay out dividends to their shareholders on a yearly basis.

What is the law for REIT payout? ›

A company that qualifies as a REIT is allowed to deduct from its corporate taxable income all of the dividends that it pays out to its shareholders. Because of this special tax treatment, most REITs pay out at least 100 percent of their taxable income to their shareholders and, therefore, owe no corporate tax.

What is the 90% rule for REITs? ›

Even with a challenging market, REITs are considered a staple for many investment portfolios thanks to the 90% rule. As the name implies, this rule stipulates that real estate trusts must distribute 90% of their taxable earnings to existing shareholders.

Can you become a millionaire from REITs? ›

So, are REITs the magic shortcut to becoming a millionaire? Not quite. But they can be a powerful tool to build your wealth over time, like a slow and steady rocket taking you towards financial freedom. Remember, the key is to invest wisely, do your research, and choose REITs that match your goals and risk tolerance.

How to avoid REIT dividend tax? ›

Avoiding REIT dividend taxation

If you own REITs in an IRA, you won't have to worry about dividend taxes each year, nor will you have to pay taxes in the year in which you sell a REIT at a profit. In a traditional IRA, you won't owe any taxes until you withdraw money from the account.

What is the largest non traded REIT? ›

Blackstone REIT is the largest of the nontraded REITs. Though fundraising edged lower overall in 2023, money was still accumulated in the tens of billions of dollars, and at least one record was set.

What is the difference between a private REIT and a non traded REIT? ›

While non-traded REITs are required to register with and be regulated by the Securities and Exchange Commission (SEC), private REITs are not. Both REITs are not directly affected by stock market volatility because they don't trade on any national stock exchanges.

Does a REIT have to be publicly traded? ›

Many REITs are registered with the U.S. Securities and Exchange Commission (SEC) and are publicly traded on a stock exchange, known as publicly traded REITs. Others may be registered with the SEC but are not publicly traded, known as non-traded REITs or non-exchange traded REITs.

What is the difference between a private REIT and a non-traded REIT? ›

While non-traded REITs are required to register with and be regulated by the Securities and Exchange Commission (SEC), private REITs are not. Both REITs are not directly affected by stock market volatility because they don't trade on any national stock exchanges.

Can you short sell a REIT? ›

Short Selling REITs (Real Estate Investment Trusts): Investors can short shares of REITs that own or finance commercial real estate. If the REIT's value drops, the short seller profits by buying back the shares at a lower price.

What happens when a REIT is sold? ›

First, a capital gains qualifying event occurs if the REIT sells property that it has owned and managed. If that property is sold for a profit, the gain will be subject to capital gains taxes. Any distribution of this profit to investors will either be considered short-term or long-term capital appreciation.

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