This singleton implementation is problematic because: 1) The singleton check is in the constructor, which can be bypassed using Object.create(), 2) It doesn't prevent new instances when using inheritance, 3) It relies on a constructor returning a different object, which is unusual behavior, 4) If another developer sees the class, they might try to use it with 'new' without understanding the singleton logic, 5) It doesn't really follow the class paradigm's expected behavior, 6) A better approach would use static methods or a getInstance factory method for clarity.