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.

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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.

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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.

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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 I pull my 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? ›

Real Estate Investment Trusts (REITs) are typically easy to buy and sell because most of them are traded on public exchanges. REITs strive to provide high dividends and offer the potential for long-term appreciation, making them attractive to real estate investors.

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 do I 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.

Can I sell my REIT anytime? ›

Investors can buy and sell shares of public REITs at any time during trading hours. With private REITs, on the other hand, investors may have to wait for a redemption event, which can occur quarterly or annually, before they can cash out their investment. Additionally, private REITs may charge redemption fees.

How long do you have to hold a REIT? ›

General requirements

The REIT's ownership (which must be proven by transferable shares or by transferable certificates of beneficial interest) must be held by at least 100 shareholders for at least 335 days of a 365-day calendar year (or equivalent thereof for a short tax year) for the second taxable year and beyond.

What is the 90% REIT rule? ›

To qualify as a REIT, a company must have the bulk of its assets and income connected to real estate investment and must distribute at least 90 percent of its taxable income to shareholders annually in the form of dividends.

Can a REIT be liquidated? ›

Many non-traded REITs are structured with a built-in finite time frame before which one of two actions must be taken. At the end of the period, the non-traded REIT must either become listed on a national exchange or must liquidate.

Are REITs hard to sell? ›

Publicly-traded REITs tend to have better governance standards and be more transparent. They also offer the most liquid stock, meaning investors can buy and sell the REIT's stock readily — much faster, for example, than investing and selling a retail property yourself.

What is the payout rule for REIT? ›

To qualify as securities, REITs must payout at least 90% of their net earnings to shareholders as dividends. For that, REITs receive special tax treatment; unlike a typical corporation, they pay no corporate taxes on the earnings they payout.

Are REITs easy to sell? ›

REITs are easy to buy and sell, as most trade on public exchanges. REITs offer attractive risk-adjusted returns and stable cash flow. Including real estate in a portfolio provides diversification and dividend-based income.

How does a non-traded REIT work? ›

They are not traded on an open exchange and are available to investors that meet certain state-mandated suitability requirements. Non-traded REITs give investors the ability to invest in private real estate assets that provide tax-advantaged income, while offering periodic liquidity.

Do non-traded REITs produce tax free income? ›

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.

What is the largest non-traded REIT? ›

As the largest non-traded REIT, BREIT is something of a harbinger for the rest of the market. Blackstone fulfilled nearly 90 percent of its repurchase requests for BREIT in January this year, marking the highest payout percentage since proration began in 2022.

Who buys non-traded REITs? ›

Shares in non-traded REITs are purchased directly, generally through a financial advisor or broker-dealer. Subscriptions can be offered at regular periods, typically monthly. Shareholders may receive periodic dividends and non-traded reits may provide a periodic redemption program.

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

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 a minimum of 10 years.

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.

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