Broker Fraud Questions & Answers by State

Broker Fraud Questions & Answers

Q: We received an adverse claim regarding the 3,106,000 shares of SFRX.What can I do

2 Answers | Asked in Contracts, Broker Fraud, Business Law and Securities Law for Florida on
Answered on Jul 22, 2017

You need the services of an attorney who works for you, not the other party. I don't know why you were required to pay the other party's attorney, but it may be something in the contract. Your attorney can review the whole matter and advise you.
View Details »

Q: I recently financed rims, services through a store. Cancelled order. How do I get my money back?

2 Answers | Asked in Broker Fraud, Civil Litigation, Contracts and Consumer Law for California on
Answered on Jul 22, 2017

You'd have to have an attorney review the finance agreement for cancellation requirements. If there is no written agreement, then you can probably go straight to Small Claims court for breach of sales agreement. This is not a "return" situation since you are not in possession of goods to return. This is a cancellation of a sales agreement, or a finance agreement, due to failure to produce the agreed products. I believe that there is a requirement in CA that finance agreements have to be in...
View Details »

Q: Do I need to hire an attorney to sue my broker or can I do it myself?

2 Answers | Asked in Broker Fraud for New York on
Answered on Jul 20, 2017

You can do it yourself, but see this primer: https://www.avvo.com/legal-guides/ugc/abraham-lincoln-had-it-right---he-who-represents-himself-has-a-fool-for-a-client
View Details »

Q: Any recourse against a broker who lied about an expected timeframe and cost us thousands?

2 Answers | Asked in Broker Fraud and Consumer Law for New York on
Answered on Jul 18, 2017

Fraudulent misrepresentation is difficult to prove, actual damages would be difficult to prove in any case since moving is always a disruption of daily life. You can try to put together a list of some damages / out-of-pocket expenses incurred that wouldn't have been incurred otherwise and if it's below $5K in most parts of NY you can just file a small claim which is an expedited type of proceeding.
View Details »

Q: Can I sue my broker or brokerage in court or do I need to go through arbitration?

1 Answer | Asked in Broker Fraud for New York on
Answered on Jul 14, 2017

What does your contract say about that? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
View Details »

Q: What are the exceptions behind the student loan bankruptcy discharge exemption?

1 Answer | Asked in Broker Fraud for New Jersey on
Answered on Jul 8, 2017

You would have to "Google" that. You literally have to have one foot in the grave and one foot slipping into the grave to discharge even a portion of student loans in Bankruptcy. But if it is a private student loan and involves a fraudulent school it is a different situation.
View Details »

Q: Can an agent work as an independent contractor for multiple brokers & get part of a commission to show homes if it sells

1 Answer | Asked in Broker Fraud, Employment Law and Real Estate Law for California on
Answered on Jul 1, 2017

It depends on the contractual language between the parties. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
View Details »

Q: What happens if my broker gives me information that is misleading or completely omitted from his investment

2 Answers | Asked in Broker Fraud for New York on
Answered on Jun 20, 2017

Sounds like you may want to raise the issue with him and either file a FINRA request for mediation or arbitration. We're you damaged financially in any way? You don't have to answer on a public forum, feel free to email me privately to discuss.
View Details »

Q: Why did California Corporations ​Code 25401 change effective January 2015? Was there a defect with the previous version?

1 Answer | Asked in Criminal Law, Broker Fraud and Business Law for California on
Answered on Jun 20, 2017

You can check the legislative history of any statute at your local law library or via online records of the CA legislature re: this particular statute. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
View Details »

Q: I got arrested than got OR an now when i was looking up my court date it said i had a warrent

1 Answer | Asked in Criminal Law and Broker Fraud for California on
Answered on Jun 16, 2017

After you are released O.R., then you still have to go back to court. If you miss that court date, then a warrant will be issued. If this is not what happened, there are other possibilities, such as a court clerical error, or a notice to appear with a different date but you never received the notice, etc.
View Details »

Q: I filed my complaint with California BRE in August 2016, investigation is still active n ongoing.

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law, Broker Fraud and Civil Litigation for California on
Answered on Jun 1, 2017

That might serve as some evidence. Have you already filed the civil case? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
View Details »

Q: MLO license withdrawn after 20 yrs. Under article 12 e NYS law ? Conn. renewal denied. Can MLO work in another state?

1 Answer | Asked in Banking, Broker Fraud and Business Law for New York on
Answered on May 31, 2017

Your questions are very specific and require review of documents. I suggest you retain an attorney on a limited basis to advise you. If you like I can assist.
View Details »

Q: I have been sentenced but now have new evidence in my case. I wish to file a motion for reconsideration.

1 Answer | Asked in Criminal Law, Banking, Broker Fraud and White Collar Crime for Maryland on
Answered on May 25, 2017

How long since sentencing? If within 10 days of your trial date you can ask for a new trial. If within 30 days of disposition you can appeal, if within 90 days you can ask for a modification of sentence. Depending on what court you are in, likely will need to file a coram nobis for a new trial opportunity if past the time limits mentioned.
View Details »

Q: Are there monetary caps on the percentage my broker can take out of my stock earnings?

2 Answers | Asked in Broker Fraud for New York on
Answered on May 16, 2017

No, but there can be a claim for excessive commission.
View Details »

Q: My broker has been selling my stocks a lot and I'm getting dinged for all of his commission fees as a result. I'm not

1 Answer | Asked in Broker Fraud for Illinois on
Answered on May 8, 2017

Churning is unethical.

Depending on what is being done, it may be illegal.

Why don't you take control over the account.
View Details »

Q: Is there any legal guidance for what might constitute excessive fees a broker is charging a client?

1 Answer | Asked in Broker Fraud for California on
Answered on May 3, 2017

What kind of broker? What are the fees for? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
View Details »

Q: If I feel like my broker is making trades that aren't in my best interest, can I request that my account be audited by a

2 Answers | Asked in Broker Fraud for New York on
Answered on Apr 29, 2017

It depends on the terms of your contract. Check the wording re: disputes and fiduciary duties. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
View Details »

Q: I told my broker not to trade a certain stock and they did anyway. They say it's no big deal because it made money but

1 Answer | Asked in Broker Fraud for New York on
Answered on Mar 31, 2017

While this technically appears to be an unauthorized trade the fact that you weren't damaged means there isn't a good case to pursue anything. You probably should just consider finding another broker.
View Details »

Q: 3 offers in on a home - now hear none have been put to the bank buy seller's agent. No offers accepted prior.

1 Answer | Asked in Foreclosure, Real Estate Law and Broker Fraud for New Jersey on
Answered on Mar 26, 2017

You really need to speak with an attorney. You have too many moving parts in what appears to be a short sale to get useful advice that would apply to your specific situation from a free advice website. When do you need to close by? What is the bank telling you? Are you scheduled for a sheriff sale?
View Details »

Q: What can I sue agent and broker for non disclosure of mold and proof of fraudulently not disclosing it

1 Answer | Asked in Broker Fraud, Personal Injury and Real Estate Law for California on
Answered on Mar 25, 2017

Have a lawyer review the related disclosures, contracts, and communications to determine whether fraud occurred here or whether you were responsible to conduct such due diligence investigations of the house via paid professionals. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...
View Details »

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.