Explanation
A. Real estate is not a security. If recent experience is any guide, they would be ignored or mocked, but would not encounter any sanctions. Real estate itself is not classified as a security, and the Federal government does not regulate misrepresentation regarding investment returns on real estate.
An extremely public example of a questionable or misleading claim is a National Association of Realtors ad which first aired in 2008. It claims “On average, the value of a home nearly doubles every 10 years”, http://www.youtube.com/watch?v=AyZpNIyVKQk .
The Wall Street Journal skewered this claim, and another investment return calculation from the National Assoc of Realtors at http://blogs.wsj.com/developments/2008/01/29/nar-campaign-touts-real-estate-as-a-great-investment/ . Here is an excerpt:
"Is it just us, or does the National Association of Realtors’ new public awareness campaign –- launched earlier this month – seem just a tad out of whack?
As home prices slide and some debt-straddled homeowners lose their homes to foreclosure, the trade group is pushing the concept that buying a house is nothing but a sure-fire, winning investment.
In a NAR television ad that is now running, the trade group maintains: “A home isn’t just a great place to raise a family, it’s also the key to building long-term wealth. On average, the value of a home nearly doubles every 10 years,” the ad says.
On NAR’s web site, the trade group compares placing a down payment on a home to investing in the stock market — and rates buying a house as the better investment:
“Over the past 30 years, the median price of existing homes has increased an average of more than 6 percent every year, and home values nearly double every 10 years, according to historical data from NAR’s existing home-sales series. Thanks to the power of leverage, a homeowner’s return on investment is even more impressive over time.
For example, over 10 years, a $10,000 investment in the stock market at a normal 10 percent market rate of return would yield $23,600. The same investment as a down payment on a $200,000 home at a normal appreciation rate of 5 percent would return nearly five times the stock market return, at $110,300.”
“Five times the stock market return?” We know that the trade group’s purpose is to boost home sales, but is this statement pushing things too far?
“It’s a “very misleading statement,” said James R. Webb, director of the Center for Real Estate Brokerage and Markets at Cleveland State University and a professor of finance. Mr. Webb noted that housing-price appreciation rates vary across the U.S. and that “the rates for appreciation that we saw in the past few years were artificial due to the fact that we gave a zillion people mortgages who shouldn’t have gotten them. If we hadn’t given those people the mortgages, those rates of appreciation wouldn’t have happened.”
It’s best to view a house as a home – not as an investment he stressed, adding, “You shouldn’t buy a house if you don’t need a house. You should buy a house because you want to live in it, not because it’s a good investment. People have become seduced by the idea that a house is a good investment.”
We also phoned Chris Mayer, the director of the Milstein Center for Real Estate at Columbia Business School. About NAR’s down payment/stock market comparison, Mr. Mayer said, “That’s insane. If one of my students made that calculation, I would fail them.”
NAR’s calculation leaves out several important variables, such as closing costs, how much money goes into maintaining a property, brokers’ fees, property taxes and “the risk of using 95% leverage – in the example NAR puts forth, the buyer only puts down 5% of the home’s cost and borrows the rest, he explained.”