Realized 1031 Blog Articles

What Are the Risks of a Delaware Statutory Trust?

Written by The Realized Team | Aug 27, 2026

Investing in a Delaware Statutory Trust (DST) involves risks, including potential loss of principal, limited control over the property, and possible tax issues. These risks can impact returns and the suitability of a DST as an investment vehicle for those seeking stable income or growth.

Lack of Property Control

Investors in a DST have limited control over the property's management decisions. The property is managed by a trustee or property manager, and investors cannot make decisions regarding its sale, financing, or leasing. This can be problematic if the investor disagrees with management strategies but has no power to influence them.

Illiquidity Concerns

DST investments are often illiquid, meaning it can be challenging to sell or exit the investment before the trust's property is sold. This lack of liquidity can be a significant drawback for investors who might need access to their capital quickly or for those who want to adjust their investment portfolio in response to market changes.

Market Risk

Like all real estate investments, DSTs are subject to market risk. Economic downturns, changes in local real estate markets, or unfavorable shifts in demand can impact the value and profitability of the properties held in a DST. This can lead to reduced returns or potential loss of principal.

Tax Implications

DSTs are designed to facilitate tax-deferred property exchanges under IRS Rule 1031. However, any transaction complexities or failures to adhere to IRS guidelines could lead to unexpected tax liabilities. An investor's specific tax situation might also change, impacting the anticipated deferral benefits.

Management Performance

The performance of a DST depends significantly on the competence of the DST sponsor and property manager. If the management fails to maintain the property or manage it efficiently, the income and overall value of the investment can suffer. It's crucial to assess the sponsor's track record and management capabilities before investing.

Complex Structures

DST investments have complex legal structures and require thorough due diligence. Investors need to understand the terms of the DST agreement and any associated fees or restrictions that could impact their investment returns. Misunderstanding these terms can lead to financial setbacks.

Frequently Asked Questions

How does investing in a DST affect my taxes?

Investing in a DST allows for tax deferral under a 1031 exchange, but management of the investment must strictly adhere to IRS regulations. Non-compliance or changes in tax laws can impact the expected benefits, so consulting with a tax professional is recommended.

Can I easily sell my DST investment if I need liquidity?

No, DST investments are generally considered illiquid. Exiting a DST investment before the property's sale is often difficult and may involve finding a buyer privately, which could take time and may be subject to unsatisfactory offers.

What should I evaluate before investing in a DST?

Before investing, consider the DST's property type, location, market conditions, sponsor experience, and management strategy. Understanding these factors can help ensure the DST aligns with your investment goals and risk tolerance.