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.

Stuck In Your REIT Investment? Contact Us

Find out how you may recover your losses. Get a free and confidential consultation.

loading...

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.

Our Securities Lawyers Have a Winning Record Against the World's Largest Companies

Our securities lawyers have recovered over a billion dollars on behalf of our clients against behemoths, such as Chase Bank, Mastercard, and Anthem Blue Cross Blue Shield. Read more about our results.

Can't sell your non-traded REIT? | Getting out of your REIT Investment (1)

“My in-laws lost their retirement funds to a dishonest broker. Silver Law Group and Scott Silver aggressively pursued their losses until he got their money back.”

-Silver Law Group client, Ben M.

Can't sell your non-traded REIT? | Getting out of your REIT Investment (7)

“You and your entire staff have been wonderfully organized, professional and a delight to hear from. Usually that is not the case when dealing with legal matters – but you guys (gals) rock.”

-Gibbs Law Group client, Amy

Praise from the Courts

Federal judge in our AT&T class action:

“I’ve always found them to be extraordinary counsel in terms of their preparation and their professionalism.”

Federal judge in our Chase lawsuit (resulting in $100 million settlement):

They “fought tooth and nail, down to the wire” to achieve “the best settlement that they could under the circ*mstances.”

Read more about what judges say about us.

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.

Our Financial Fraud Experience

Gibbs Law Group

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).

Silver Law Group

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? ›

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.

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 sell your REITs? ›

Non-Traded REITs may be sold back to the REIT if possible. They can be sold on the secondary market for non-listed REITs, limited partnerships, and alternative investments, where sellers are matched with buyers. Since REITs are usually illiquid, there are restrictions on selling Non-Traded REITs.

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

Liquidity in a publicly traded REIT is high – investors can gain access to their capital by simply selling shares of the stock. In a non-traded REIT, investors usually have just two options: wait for the REIT to have an IPO and become a publicly traded entity, or wait for the REIT to liquidate its holdings.

How are distributions from non-traded REITs taxed? ›

The majority of REIT dividends are taxed as ordinary income up to the maximum rate of 37% (returning to 39.6% in 2026), plus a separate 3.8% surtax on investment income. Taxpayers may also generally deduct 20% of the combined qualified business income amount which includes Qualified REIT Dividends through Dec.

How to get out of a 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.

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

Risks of Non-Traded REITs

As a result, it's difficult to determine the REIT's value. 6. Lack of Liquidity: Non-traded REITs are also illiquid, which means there may not be buyers or sellers in the market available when an investor wants to transact. In many cases, non-traded REITs can't be sold for at least 10 years.

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.

What is the payout rule for REIT? ›

The common denominator among all REITs is that they pay dividends consisting of rental income and capital gains. To qualify as securities, REITs must payout at least 90% of their net earnings to shareholders as dividends.

What happens when a REIT sells a property? ›

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.

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.

Do non-traded REITs pay dividends? ›

Shareholders may receive periodic dividends and non-traded reits may provide a periodic redemption program. However, neither distributions nor redemptions are guaranteed and may vary depending on the offering terms.

What are the cons of REIT? ›

Cons of REITs
  • Dividend Taxes. REIT dividends can be a great source of passive income, but the money you receive is subject to your ordinary income tax rate, which will depend on your tax bracket. ...
  • Interest Rate Risk. ...
  • Market Volatility. ...
  • You Have Little Control. ...
  • Some Charge High Fees.
Sep 7, 2023

How to avoid paying taxes on REIT dividends? ›

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.

Should I hold REIT in taxable account? ›

REITs and REIT Funds

Real estate investment trusts are a poor fit for taxable accounts for the reason that I just mentioned. Their income tends to be high and often composes a big share of the returns that investors earn from them, as REITs must pay out a minimum of 90% of their taxable income in dividends each year.

How do I report REIT dividends on my taxes? ›

Use Form 1120-REIT, U.S. Income Tax Return for Real Estate Investment Trusts, to report the income, gains, losses, deductions, credits, certain penalties; and to figure the income tax liability of a REIT.

Does a REIT have to be publicly traded? ›

Many REITs are registered with the SEC and are publicly traded on a stock exchange. These are known as publicly traded REITs. Others may be registered with the SEC but are not publicly traded.

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.

Are non-traded REITs liquid? ›

Non-traded REITs are illiquid investments, which mean that they cannot be sold readily in the market. Instead, investors generally must wait until the non-traded REIT lists its shares on an exchange or liquidates its assets to achieve liquidity.

What is the difference between listed and unlisted REITs? ›

The difference between the two is simple, yet important. Listed REITs trade on exchange while non-listed RETS do not. Non-listed REITs carry both a cost and an advantage to investors. Because non-listed REITs are not traded on an exchange, they are not liquid.

Top Articles
Latest Posts
Article information

Author: Arline Emard IV

Last Updated:

Views: 6539

Rating: 4.1 / 5 (72 voted)

Reviews: 95% of readers found this page helpful

Author information

Name: Arline Emard IV

Birthday: 1996-07-10

Address: 8912 Hintz Shore, West Louie, AZ 69363-0747

Phone: +13454700762376

Job: Administration Technician

Hobby: Paintball, Horseback riding, Cycling, Running, Macrame, Playing musical instruments, Soapmaking

Introduction: My name is Arline Emard IV, I am a cheerful, gorgeous, colorful, joyous, excited, super, inquisitive person who loves writing and wants to share my knowledge and understanding with you.