Frequently Asked Questions 

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Real Estate as Securities

Your interest in a real estate investment opportunity may begin with a trusted family member, friend, neighbor or business associate who approaches you to talk about some impressive financial gains.  An advertisement in a popular newspaper or online service catches your eye with a promise of guaranteed returns secured by an interest in a piece of real estate.  


What you may not realize is that some of these investment opportunities may be unregistered securities or worse yet—scams. Whether a real estate investment is a security or not is not always easy to determine and depends upon the unique facts and circumstances of the transaction and not on what a promoter calls the investment product. 

A general rule of thumb with which to start is that if you as the investor are not in control of the real estate transaction and are expecting a return on your money, the transaction probably involves a security.  Because the investment may involve a chunk of your life savings, consider consulting with an attorney knowledgeable in securities law to provide a legal interpretation for you and evaluate any exemptions claimed by the promoter.  

Read more about 
real estate as securities and how you can ask and check before you  invest.  For more general information about wise investing and fraud prevention, visit the Investor Resource Library, General A-Z.

The information provided on this website is not comprehensive, is not offered as legal or investment advice, and is not a substitute for competent legal or financial counsel.  The Securities Division provides this information to give you an overview of the topics discussed.  You should not rely on the accuracy of this information, but should carefully review all applicable statutes and regulations with the assistance of legal counsel.