Broker Fraud Questions & Answers by State

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Broker Fraud Questions & Answers

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?
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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...
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Q: What will happen and what should do ?

1 Answer | Asked in Divorce, Immigration Law, Broker Fraud and Gov & Administrative Law for New York on
Answered on Mar 13, 2017

You need to speak to a qualified immigration law attorney. I can advise you that if you want to seek a divorce, you have grounds regardless of any adultery. As far as the implications with respect to your status in this country, please see a qualified immigration attorney or contact a local legal aid office or immigration assistance office to see if you qualify for free representation.
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Q: What kind of damages can I get if I win a case against my broker for breach of promise?

2 Answers | Asked in Broker Fraud for New York on
Answered on Mar 8, 2017

The expectation measure of damages, basically the amount that you could have expected to receive had he fulfilled his promise. There's a lot more to proving damages than that, but this is the category of damages I would argue you would be entitled to.
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Q: Is there a good way of being able to tell the difference between stock broker fraud and normal investment losses?

2 Answers | Asked in Broker Fraud for New York on
Answered on Feb 15, 2017

What kind of promises, guarantees, or warranties were provided to you? Was the broker licensed?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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: Is there a Cali law citing investment brokers or persons with SEC license owe"duty of care" to disclose material info.

1 Answer | Asked in Banking, Broker Fraud, Business Law and Contracts for California on
Answered on Feb 12, 2017

You may be able to sue for negligence, if not fraud (since you say the broker "knew"). 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
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Q: Do I still have a fraud claim on odometer rollback after 4 years?

1 Answer | Asked in Broker Fraud and Consumer Law for Colorado on
Answered on Feb 9, 2017

For most criminal felony fraud charges the statute of limitations is 3 years. Under some circumstances the SoL can be extended. For civil claims, the exact end date of the fraud could be argued as a continuing matter. Be aware a Carfax "potential" rollback flag does not prove that fraud did in fact occur. If you are seeking criminal charges you will need to contact your local police/DA. If you are seeking civil claims you will need to contact a directly lawyer. You can also pursue both civil...
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Q: Can I sue my old accountant?

1 Answer | Asked in Broker Fraud and Tax Law for New York on
Answered on Jan 31, 2017

You may consider a malpractice lawsuit, if facts so justify. 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. 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 answer does not constitute legal advice; make any predictions, guarantees, or...
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Q: Can a broker keep a fee with a signed but inactive lease?

1 Answer | Asked in Broker Fraud, Contracts, Real Estate Law and Landlord - Tenant for New York on
Answered on Jan 30, 2017

Check your contract with the broker. 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. 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 answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create...
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Q: I just noticed I'm paying a fee to a person that connected me up with my broker - is that legal?

1 Answer | Asked in Broker Fraud for New York on
Answered on Jan 30, 2017

Possibly, would need to know a lot more details. This could be a case of buyer beware. Why do you think there may have been something fraudulent or illegal? How high was the fee?
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Q: Can a broker make copies of my rental application for their own records after the lease has been signed and completed?

1 Answer | Asked in Broker Fraud, Real Estate Law and Landlord - Tenant for New York on
Answered on Jan 27, 2017

I see no reason why not. It's good practice, generally. 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. 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 answer does not constitute legal advice; make any predictions, guarantees, or...
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Q: I signed up with a broker from another state over the phone.

1 Answer | Asked in Broker Fraud for New York on
Answered on Jan 26, 2017

Investments are typically risky and typically come with no warranties. Check your contract. 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. 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 answer does not constitute legal advice; make...
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Q: My friend is a day trader and informally invested some money for me.

1 Answer | Asked in Broker Fraud for New York on
Answered on Jan 24, 2017

It depends on whether he's licensed and also the terms of your agreement. 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. 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 answer does not constitute legal advice; make any predictions,...
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Q: Are there any laws on the books about selling stocks over the phone?

1 Answer | Asked in Broker Fraud for New York on
Answered on Jan 9, 2017
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Q: while divorcing from bed & board to be defrauded by quit deed conveyance while ousted marital home sold violates MSA ?

2 Answers | Asked in Divorce, Real Estate Law, Tax Law and Broker Fraud for New Jersey on
Answered on Jan 2, 2017

No attorney here is going to second guess your current attorney. You need to trust your attorney and direct all your questions to the attorney. If you cannot work out your differences, after making a serious effort to do so, you do have the right to change attorneys. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic considerations be a...
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Q: Is there a chart some place that tells me what "excessive" fees are?

1 Answer | Asked in Broker Fraud for New York on
Answered on Dec 12, 2016

No chart, but here is the best guidance:

"Article III, Section 4 requires any NASD member that acts as an agent for its customer to charge only a 'fair commission or service charge, taking into consideration all relevant circumstances including market conditions with respect to such security at the time of the transaction, the expense of executing the order and the value of any service he may have rendered by reason of his experience in and knowledge of such security and the market...
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Q: When buying stock, if the stock broker omitts a piece of information,for his own benefit how can this be punished?

1 Answer | Asked in Broker Fraud for New York on
Answered on Dec 8, 2016

Depends on the piece of information. Depends on whether you gave the broker discretion over the account. Depends on whether you are a sophisticated or even an accredited investor. Depends on whether you could have researched the claims yourself and could have found out about his omission without unreasonable amounts of due diligence.
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Q: If canceled contract with mortgage broker, b4 docs, can they still inquire info on my behalf?

1 Answer | Asked in Broker Fraud and Real Estate Law for California on
Answered on Dec 6, 2016

More information is needed here about this situation. Much depends on the contract you signed and the facts of the case. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any Attorney-Client relationship.
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Q: I gave $500 to an owner of two Yorkie's. Now they won't give me the puppies or my money back. What should I do?

1 Answer | Asked in Animal / Dog Law and Broker Fraud for Massachusetts on
Answered on Dec 1, 2016

Small claims court may be a good option. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any Attorney-Client relationship.
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Q: Are all brokers paid on commission? I've read this can be a problem.

1 Answer | Asked in Broker Fraud for New York on
Answered on Nov 16, 2016

No, but most are.
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