Typical Securities Claims

Failure to Follow Instructions

Call 800-718-1422 or email [email protected]

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Failure to Follow Instructions

As a fundamental element of their relationship with the customer, Stockbrokers/Financial Advisors, as well as registered sales assistants, are required to follow the customer’s instructions.  They may be liable if they fail to do so.  As an example, if a customer tells a broker to sell something today, they are required to do it. They cannot delay for any reason. On the flip side, if a customer tells a broker to buy something today, the order must be placed. While these are very basic examples, it should go without saying that a broker/advisor is required to do what they are told.

Failure to follow instructions, both as directed and in a timely manner, is a violation of industry rules. If an investor incurs losses due to a Stockbroker’s failure to follow instructions, the investor is entitled to seek damages, fees, and costs arising from those losses.

FINRA has specific rules that address the management of accounts on a discretionary basis.  A broker must obtain written approval to exercise any discretion when buying or selling securities on a client’s behalf, and that written grant of discretion must be approved by the brokerage firm.  Claims related to a broker’s discretion, or lack thereof, are often referred to as “Unauthorized Use of Discretion.” FINRA makes it clear that such a practice is a violation of its rules and protocols.  Many brokers still use what is often known as “time and price discretion,” which describes a practice whereby a broker might obtain permission to purchase a certain stock, but the price, number of shares, and the time of day or the day of the week the broker submits the order to the market is left to the discretion of the broker.  If a Stockbroker is using any measure of unauthorized discretion, it is a violation of FINRA rules and may entitle the investor to recover any damages caused by the broker’s misconduct.

If you feel that your broker has failed to follow your instructions and you experienced a loss, call David Weintraub at 800-718-1422 for a consultation.

Typical Securities Claims

  • Breach of Fiduciary Duty

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    Breach of Fiduciary Duty

    Fiduciary Duty is a legal obligation of one party to act in the best financial interest of another – to place another’s interests first – to make the client’s interests paramount. Read More

  • Unsuitability

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    Unsuitability

    FINRA's suitability rule states that firms and their associated persons “must have a reasonable basis to believe” that a transaction or investment strategy involving a recommended security is suitable for the customer. This reasonable belief must be based on Read More

  • Failure to Diversify

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    Failure to Diversify

    Failure to diversify means that a Stockbroker or Financial Advisor fails to recommend an appropriate allocation of one’s assets into different investment asset classes. Read More

  • Churning

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    Churning

    Churning, in its most basic form, occurs when a stockbroker/financial advisor buys and sells securities for and account, without regard for the customer’s investment interests, for the purpose of generating commissions. Read More

  • Unregistered Stockbrokers and Unregistered Sales Assistants

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    Unregistered Stockbrokers and Unregistered Sales Assistants

    By law, stockbrokers and certain sales assistants must be registered with FINRA and with state regulators. If they fail to meet this requirement, an investor may have the right to cancel a purchase or sale. Read More

  • Unregistered Securities

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    Unregistered Securities

    Before securities, such as stocks, bonds and notes can be offered for sale to the public, they first must be registered with the Securities and Exchange Commission and/or a state regulator. Read More

  • Concentrated Positions

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    Concentrated Positions

    If you have a large percentage of your assets invested in a single stock or bond, a small number of stocks or bonds, or even a single sector of stocks or bonds , then you have a concentrated position. Concentrated positions expose the investor to significantly greater risk Read More

  • Negligence

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    Negligence

    Negligence occurs when a financial advisor or stockbroker breaches a general duty of care resulting in damages.Just like the victim of an auto accident may be entitled to sue the driver who was at fault, the victim of a stockbroker’s negligence may also be entitled to seek relief. Read More

  • Unauthorized Trading

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    Unauthorized Trading

    Unauthorized trading is the purchase or sale of securities that a Financial Advisor or Stockbroker makes for a customer without the customer’s permission. The Financial Industry Regulatory Authority (FINRA) has a specific rule that prohibits any Financial Advisor or Stockbroker from making unauthorized securities trades Read More

  • Breach of Contract

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    Breach of Contract

    When an investor has an oral or written contract with a financial advisor or stockbroker, and that person breaches their contractual obligations, they may be financially responsible for the breach. Read More

  • Breach of Third Party Contract

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    Breach of Third Party Contract

    In certain situations, you may be a third-party beneficiary of a brokerage firm’s contract with a regulator, such as FINRA. Read More

  • Failure to Follow Instructions

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    Failure to Follow Instructions

    As a fundamental element of their relationship with the customer, Stockbrokers/Financial Advisors, as well as registered sales assistants, are required to follow the customer’s instructions.  They may be liable if they fail to do so.  Read More

ALL SECURITIES CLAIMS