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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
Answered on Jul 22, 2017
Terrence H Thorgaard's answer
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.
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.
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
Answered on Jul 22, 2017
William John Light's answer
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...
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...
Q: Do I need to hire an attorney to sue my broker or can I do it myself?
Barry Eran Janay's answer
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
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
Q: Any recourse against a broker who lied about an expected timeframe and cost us thousands?
Barry Eran Janay's answer
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.
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.
Q: Can I sue my broker or brokerage in court or do I need to go through arbitration?
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
Q: What are the exceptions behind the student loan bankruptcy discharge exemption?
Leonard R. Boyer's answer
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.
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.
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
Answered on Jul 1, 2017
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
Q: What happens if my broker gives me information that is misleading or completely omitted from his investment
Barry Eran Janay's answer
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.
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.
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
Answered on Jun 20, 2017
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
Q: I got arrested than got OR an now when i was looking up my court date it said i had a warrent
David Dastrup's answer
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.
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.
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
Answered on Jun 1, 2017
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
Q: MLO license withdrawn after 20 yrs. Under article 12 e NYS law ? Conn. renewal denied. Can MLO work in another state?
Barry Eran Janay's answer
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.
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.
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
Answered on May 25, 2017
Thomas Joseph Maronick Jr's answer
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.
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.
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
Ray Choudhry's answer
Churning is unethical.
Depending on what is being done, it may be illegal.
Why don't you take control over the account.
Churning is unethical.
Depending on what is being done, it may be illegal.
Why don't you take control over the account.
Q: Is there any legal guidance for what might constitute excessive fees a broker is charging a client?
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
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
Ali Ebrahimzadeh, Esq.'s answer
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,...
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,...
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
Barry Eran Janay's answer
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.
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.
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
Answered on Mar 26, 2017
Derek John Soltis' answer
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?
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?
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
Answered on Mar 25, 2017
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
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