When Real Estate Transactions Bring Real Securities Risks

By Robert Slovak, Rachel O’Neil and Brandon Marx (February 28, 2020, 4:15 PM EST) -- Human ingenuity is a remarkable thing — particularly in the investment context. Dating back to the advent of the mutual fund, to the more recent emergence of peer-to-peer lending and the indexed exchange-traded funds, creative investment products flood the market.

Securities laws have long existed to ensure investors receive full and fair disclosure and to punish investment promoters for making inaccurate or misleading statements. In recognition of the ever-evolving nature of investments, courts interpret securities laws broadly and emphasize the substance of an offering over its form. In the current low interest environment, real estate has seen growth.

Unlike traditional direct...

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