Dividend Capital REIT Investors Could Recover Losses

Securities fraud attorneys are currently investigating claims on behalf of investors who suffered significant losses in the non-traded Dividend Capital Total Realty Trust Inc. Potential claims related to the Dividend Capital REIT include unsuitable recommendations, misrepresentation and overconcentration of investment funds. Dividend Capital REIT invests in diverse real estate-related securities and debt as well as real properties.

The 8-K form filed by Dividend Capital Diversified Property Fund on February 1, 2013 stated that its current NAV, or net asset value, is $6.72 per share. However, this “book value” may not reflect what investors can actually get for their shares. Because the Dividend Capital REIT is non-traded, investors are forced to sell through a relatively illiquid secondary market, in which there may be no buyers of Dividend Capital shares at prices at or near the REIT’s book value.

Securities fraud attorneys say new investor concerns are being raised about Dividend Capital REIT’s redemption plan. According to the company’s 10-Q form, during the quarter ending September 30, 2012, the REIT has not redeemed any Class I, Class W or Class A shares. Furthermore, at any time, Dividend Capital can terminate, suspend or modify the share redemption program.

Investment fraud lawyers are investigating the possibility that full-service brokerage firms may be held liable for the recommendation of the Dividend Capital REIT. Financial Industry Regulatory Authority rules have established that brokers and firms have an obligation to fully disclose all the risks of a given investment when making recommendations, and those recommendations must be suitable for the individual investor receiving the recommendation given their age, investment objectives and risk tolerance. Non-traded REITs like this one are illiquid and inherently risky and, therefore, not suitable for many investors.

The prospectus issued by Dividend Capital dated January 27, 2006 stated that brokerage firms that sold the REIT were paid a 6 percent commission. Other fees were also deducted from the offering price, including up to 1 percent for distribution and about 2.5 percent for the dealer manager fee. Additionally, up to 1.5 percent of sales proceeds may have been allocated to Dividend Capital Total Advisors Group LLC for paying or incurring offering expenses. The high commission may explain why brokerage firms are motivated to recommend these investments despite their possible unsuitability.

If you purchased the Dividend REIT or another non-traded REIT, and suffered significant losses as a result, you may be able to recover your losses through securities arbitration. To find out more about your legal rights and options, contact an investment fraud lawyer at Law Office of Christopher J. Gray, P.C. at (866) 966-9598 for a no-cost, confidential consultation.