By : Ron Sokol | Category : Uncategorized | Comments Off on Is our stock broker liable for making bad investments?
15th Feb 2017
Q At a time when many are doing well in the stock market, we are doing very poorly. Our stock broker has gotten us into genuinely bad investments. Can we seek damages?
— K. L., El Segundo
A A broker does not guarantee your investments will be successful, and we all know there is risk in the stock market. On the other hand, did he or she choose investments not suitable to your investment objectives? Additionally, did the broker’s conduct in handling your investments fall beneath the standards of due care in the brokerage industry? Further, did you find out the bad news all of a sudden, or was there prior discussion about potential losses?
If you have a written contract with the stock broker, review it, because the contract has terms and conditions relevant to his or her permissible activities. The contract also may require an alternative dispute process, such as arbitration. Consultation with a qualified professional is recommended.
Q We have serious issues with the company handling our stocks. Is there a regulatory agency we can complain to?
— S.F., Torrance
A You can file a complaint with the Financial Industry Regulatory Authority. An online link contains a complaint form you can download (www.finra.org/investors/investor-complaint-center). Before proceeding, it is recommended that you question the broker about the transactions at issue. If the explanation provided is not satisfactory, then you can contact the firm’s branch manager or compliance department. It also is important to complain in writing if you lost money, or if there was an unauthorized trade made in your account.
INVESTOR RESOURCE
Investors have many rights. The North American Securities Administration Association sets forth a list of your entitlements in its investor “Bill of Rights” You can find the list online at http://www.nasaa.org/2715/investor-bill-of-rights
Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column, which appears on Wednesdays, presents a summary of the law and should not be construed as legal advice. Email questions and comments to him at Ronsesq@aol.com or write to him at Ask the Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503.
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