Is a Delaware Statutory Trust Right for You?
A DST can make the landlord problem disappear, but only if you are comfortable trading control and liquidity for truly passive ownership.
The Smart Money
The Smart Money
John called on a Tuesday. He had just sold the strip center he had owned for decades. He was happy about the price and miserable about what came next. He did not want to find another building or sign another lease or fix another roof. What he wanted was to never get another midnight phone call about a toilet. Someone had told him a Delaware Statutory Trust would make the whole problem go away.
That is the pitch, and it is not wrong. With a DST you buy a beneficial interest in a trust that owns real estate, usually something much larger and more institutional than you would buy on your own. A sponsor finds the property, arranges the financing, signs the leases, handles the toilets. You go from being the landlord to being a passive owner of a slice of a much bigger landlord. For tax purposes the IRS treats that slice as direct real estate, which is why people use it to complete an exchange when they do not want to buy another property themselves.
The first question to sit with is whether you actually want to stay in real estate at all. A DST is still real estate. You are not getting out, you are just getting out of management. If you would be happier paying the tax and being done, or putting the money somewhere else entirely, a DST is solving the wrong problem. The second question is about control. Once you are in, you do not get a vote. You cannot decide to sell early, refinance, renegotiate a lease, or put a new roof on. The sponsor does. If the idea of owning something you cannot influence makes you uneasy, you will not like this structure.
The third question is about liquidity and what happens at the end. You cannot call the sponsor and ask for your money back because you changed your mind or because the market moved. You are in until the trust sells the property, and when it does sell, you are right back where you started, deciding whether to do another exchange or face the tax bill you deferred. That holding period can be long, and your estate plan has to account for it.
The last questions are about who you are in business with. Who is the sponsor, what is their track record through a down cycle, how are they paid, and what happens to their incentives if things go sideways. A good sponsor with a boring, well-leased property and transparent fees is a completely different investment than a new sponsor with a complicated story and fees layered in places you have to hunt for. If you want out of active management, you understand you are giving up control and liquidity to get it, and you have vetted the people who will have that control, a DST can be exactly right. If any piece of that sentence is not true, it is exactly wrong.