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Non-Traded REIT Attorneys — Bakhtiari & Harrison

Written and reviewed by

Ryan Bakhtiari, Partner — Bakhtiari & Harrison

Admitted: CA | NY | TX | DC | Multiple Federal Courts  ·  Super Lawyers 2005–2026  ·  Former PIABA President  ·  Former FINRA NAMC Chairman  ·  Last reviewed: May 2026

REIT attorneys at Bakhtiari & Harrison represents investors in fraud and suitability claims in FINRA arbitration nationwide. Non-traded real estate investment trusts — REITs that are not listed on a securities exchange — have been one of the most consistent sources of investor harm in the retail brokerage industry for decades. They combine high broker commissions (typically 7-10% of invested capital), near-total illiquidity, opaque valuations, and systematic misrepresentation of their income-generating capacity. Ryan Bakhtiari served as Chairman of the FINRA National Arbitration and Mediation Committee from 2013 to 2017 and as President of PIABA. Investor cases are handled on a contingency fee basis — no recovery, no fee.

Non-traded REITs vs. publicly traded REITs

A real estate investment trust (REIT) is a company that owns income-producing real estate. Publicly traded REITs are listed on securities exchanges — investors can buy and sell shares at market prices throughout the trading day, with full price transparency. Non-traded REITs are not listed on any exchange. They raise capital through broker-dealer sales networks, paying commissions of 7-10% of invested capital. Once purchased, they cannot be sold on any exchange — the investor’s only exit options are limited redemption programs (which are typically suspended in periods of financial stress), a secondary market that prices shares at steep discounts, or waiting for a liquidity event that may never occur.

Why non-traded REITs are consistently misrepresented

FINRA regulatory actions against non-traded REIT sellers

FINRA has brought numerous enforcement actions against broker-dealers for non-traded REIT sales practice violations — including Wells Fargo Advisors, LPL Financial, Securities America, and David Lerner Associates, among many others. The pattern of violations is consistent: unsuitable recommendations, misrepresentation of distributions as investment income when they were return of capital, inadequate disclosure of fees and liquidity risks, and failure to supervise.

Frequently asked questions — non-traded REITs

My non-traded REIT suspended its redemption program — what can I do?

A suspended redemption program is a common sign that the REIT is in financial distress and that the underlying assets are not performing as represented. Contact Bakhtiari & Harrison immediately. If the REIT was unsuitably recommended — particularly if it was placed in a retirement account or represented a significant concentration of your portfolio — you may have a viable FINRA arbitration claim against the selling broker-dealer regardless of whether the REIT itself is solvent.

REITs attorneys

My broker said the distributions were income — but they appear to be return of capital. Is that fraud?

Yes, potentially. When a broker represents that a non-traded REIT’s distributions are generated by investment income when they are actually return of capital, that misrepresentation is directly actionable as securities fraud and a suitability violation. Return-of-capital distributions deplete the investment while creating the illusion of income — and investors who rely on those “distributions” as retirement income are being systematically harmed.

How can I find out what my non-traded REIT shares are actually worth?

Non-traded REITs are required to provide an estimated per-share value — but this may lag significantly behind actual market conditions. Third-party secondary market platforms (such as Broadmark, Central Trade & Transfer, and others) may provide market pricing. Bakhtiari & Harrison can assist with valuation analysis as part of its initial case evaluation.

For a full overview of the firm’s investment product failure practice, visit the Product Failure page.

Contact a non-traded REIT attorney — free consultation

Contact Bakhtiari & Harrison for a free, confidential consultation. Our FINRA attorneys evaluate every potential investor claim at no charge. Investor cases are handled on a contingency fee basis — no recovery, no fee.

Investor cases are handled on a contingency fee basis — no recovery, no fee.

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