Q: I do not agree with some of the fees my broker has charged me. Do I have to pay them?
A: The answer to your question depends on the specific details of the contract and/or arrangement you have with your broker. I would recommend organizing all information relevant to this situation, including the contract you have with your broker, and consult with an attorney individually. A knowledgeable attorney will review the details of your specific situation, and advise as to your options moving forward, as there may be options where you do not have to pay the disputed fees.
A:
The short answer: Maybe.
Fees are often set forth in writing. For instance, there are fees related to your account, such as account opening, closing, transfer, and maintenance fees. These fees are often set forth in account documents. In addition, there are the fees and expenses associated with each investment, such as commissions, as well as a variety of sales charges or “loads,” transfer fees, surrender charges (penalties for converting an investment to cash before a permitted time), “markups” and annual management fees. Again, these fees are typically set forth in writing. If you agreed with the investment, then you have to pay the fees and expenses associated with the investment. If however, for example, the investment was made without your consent; it is not suitable for you based upon your age, investment profile and the like; or it was not made in your best interests, then you can dispute the fees (in addition to possibly bringing an arbitration for any losses sustained by those investments).
It is best to consult with an attorney who can review the documents and account information and help advise you on your options.
The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.