Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Real Estate Securities Basics

Author: Dan Brecher

Date: September 12, 2024

Key Contacts

Back
Real Estate Securities Basics

Real estate securities provide investors with the benefits of owning commercial real estate without expending large amounts of capital. They also generate stable returns, which has resulted in rapid growth of the real estate securities market. However, before diving into real estate investments, it is important to understand the unique features of this asset class.

What Are Real Estate Securities?

Real estate-based securities represent an indirect investment in something related to real property, i.e. hotels, office buildings, apartments, medical facilities, warehouses, etc. There are many different types of real estate-based securities. They include:

  • Real estate development projects
  • Real estate investment trusts
  • Mortgage investment companies
  • Real estate joint ventures
  • Land banking (purchasing and holding undeveloped property and then conveying it to the developer)

Understanding REITS

Real estate investment trusts (REITs) are by far the most common type of real estate security. A REIT owns and/or operates income-producing real estate or related assets and allows investors to buy shares. Investors can earn profits from dividends or an increase in the value of the REIT’s shares.

What is the Principle Real Estate Securities Fund?

The Principal Real Estate Securities Fund offers investors access to a diversified portfolio of publicly traded real estate securities, including real estate investment trusts (REITs) and related companies.

REITs often own many properties. Some have diverse real estate portfolios, while others focus on a particular property sector, industry, or geographic region. Many REITs are publicly traded and registered with the Securities and Exchange Commission (SEC). A minority are private funds whose shares are generally only eligible for purchase by accredited investors.

REITs are not required to pay corporate taxes on the income and capital gains they distribute.

However, to qualify as a REIT, companies must follow specific rules defined by the Internal Revenue Service. The requirements include:

  • Investing at least 75 percent of total assets in real estate, cash, or U.S. Treasuries
  • Deriving at least 75 percent of gross income from rent, interest on mortgages that finance real estate, or real estate sales
  • Paying a minimum of 90 percent of their taxable income to their shareholders through dividends
  • Operating as a taxable corporation
  • Being managed by a board of directors or trustees
  • Having a minimum of 100 shareholders, with no more than 50 percent of the shares held by five or fewer individuals

Given their minimum distribution requirement and cash-flow-oriented business structure, REITs generally generate higher dividend yields than other investments. The demand for REITs has contributed to the recent expansion of the real estate securities market.

Risks and Benefits of Investing in Real Estate Securities

Understanding the benefits and risks of real estate securities is crucial for making informed investment decisions. Real estate securities provide many of the benefits of real estate ownership while minimizing the risks. For instance, buying an investment property generally requires a large amount of capital, while investors in real estate securities can select their individual financial contribution levels. Investment properties are also notoriously illiquid. In comparison, real estate securities can generally be readily traded or sold.

Real estate investing offers one of the best returns on investment (ROI), particularly when compared to other investment strategies. Adding real estate securities to your portfolio can also be a great way to diversify. Real estate has a low correlation with other major asset classes, so if the stock market drops that doesn’t necessarily mean that your real estate investments will also suffer. While real estate investments are not inflation-proof, property values and rental rates typically increase in line with general price levels, which provides protection against inflation.

Like any investment, real estate carries risks. Most importantly, there is always a risk of not earning a return or not recovering your investment. Real estate investments are often sensitive to changes in the overall real estate market as well as fluctuations in interest rates, which can impact both property values and occupancy demand. REITs that focus on specific geographic locations or property types such as malls or inner city office buildings can be significantly affected by declines in those areas. Some REITs may also come with high management and transaction fees.

Trusted Guidance on Real Estate Securities

Scarinci Hollenbeck has significant experience handling a wide range of real estate securities matters, including structuring, forming, and investing in REITs. Our clients, which include brokerage firms, institutional and private investors, entrepreneurs, developers, and real estate owners of all types, obtain comprehensive legal counsel from members of our Tax, Commercial Real Estate, and Securities practices.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
New York NDA Requirements for Businesses post image

New York NDA Requirements for Businesses

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]

Author: Dan Brecher

Link to post with title - "New York NDA Requirements for Businesses"
New Jersey Will Contest Grounds Explained post image

New Jersey Will Contest Grounds Explained

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]

Author: Marc J. Comer

Link to post with title - "New Jersey Will Contest Grounds Explained"
Legal Issues Before Bringing on Investors post image

Legal Issues Before Bringing on Investors

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]

Author: Dan Brecher

Link to post with title - "Legal Issues Before Bringing on Investors"
SECURE 2.0 RMD Planning Strategies post image

SECURE 2.0 RMD Planning Strategies

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]

Author: Marc J. Comer

Link to post with title - "SECURE 2.0 RMD Planning Strategies"
Buying Commercial Property in New Jersey: Legal Guide for Small Businesses post image

Buying Commercial Property in New Jersey: Legal Guide for Small Businesses

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]

Author: Robert L. Baker, Jr.

Link to post with title - "Buying Commercial Property in New Jersey: Legal Guide for Small Businesses"
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities post image

The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]

Author: Dan Brecher

Link to post with title - "The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!