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Stockbroker Fraud Questions & Answers
1 Answer | Asked in Stockbroker Fraud for New York on
Q: Are there any laws on the books about selling stocks over the phone?
Barry E. Janay
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answered on Jan 9, 2017

Yes, many.

2 Answers | Asked in Divorce, Real Estate Law, Tax Law and Stockbroker Fraud for New Jersey on
Q: while divorcing from bed & board to be defrauded by quit deed conveyance while ousted marital home sold violates MSA ?

During div. From bed & board attempting amicability for kids only to be subjected to harrasment,false accusations,fraud,non disclosure funds,etc. to keep me away allowing fraudulant quit claim conveyance never signed,etc., shortly after marital home jointly mortgaged sold. MSA stated clearly... View More

Leonard R. Boyer
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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... View More

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1 Answer | Asked in Real Estate Law, Stockbroker Fraud and Legal Malpractice for New York on
Q: If I purchased a brand new Condo here in Brooklyn, Ny and Closed on 8/31/16, who was responsible for not advising me

no C of O , temporary or perm. was issued for this building?

I feel I have been frauded and don't know what my recourse of action might be? It was a cash deal .

Michael David Siegel
Michael David Siegel
answered on Jan 2, 2017

Your lawyer should have done a title search for title insurance and that would have come up. It clearly violated the standard contract if that is what you used, but that claim did not likely survive closing. This is a big deal issue.

1 Answer | Asked in Stockbroker Fraud for New York on
Q: Is there a chart some place that tells me what "excessive" fees are?
Barry E. Janay
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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...
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1 Answer | Asked in Stockbroker Fraud for New York on
Q: When buying stock, if the stock broker omitts a piece of information,for his own benefit how can this be punished?

Piece of information not given, if known could have changed the decision made before closing of contract or investing in the stock

Barry E. Janay
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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... View More

1 Answer | Asked in Stockbroker Fraud and Real Estate Law for California on
Q: If canceled contract with mortgage broker, b4 docs, can they still inquire info on my behalf?
Ali Shahrestani,
Ali Shahrestani,
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... View More

1 Answer | Asked in Animal / Dog Law and Stockbroker Fraud for Massachusetts on
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?
Ali Shahrestani,
Ali Shahrestani,
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.

1 Answer | Asked in Stockbroker Fraud for New York on
Q: Are all brokers paid on commission? I've read this can be a problem.
Barry E. Janay
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answered on Nov 16, 2016

No, but most are.

1 Answer | Asked in Stockbroker Fraud for Illinois on
Q: If I bought stock from a guy who called me and I want to sue him, what state should I sue him in?
Steve McCann
Steve McCann
answered on Nov 16, 2016

The answer to your question depends on specific facts that are not provided here. Assuming you reside in Illinois, and the broker does business in Illinois, you should be able to file suit in Illinois. I would recommend consulting with an attorney individually prior to doing so, as there are... View More

1 Answer | Asked in Stockbroker Fraud for New York on
Q: My broker sold some stuff but never called me to confirm - now I have a huge tax bill. Is there anything I can do?
Barry E. Janay
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answered on Oct 26, 2016

Depends on whether he has discretionary authority on the account. A large tax bill certainly isn't a fun thing, but at least you made money, right?

1 Answer | Asked in Stockbroker Fraud for Illinois on
Q: I told my stockbroker to buy a significant amount of stock in a certain company and he failed to do so.

Can he be held liable for the resulting losses?

Steve McCann
Steve McCann
answered on Oct 14, 2016

It is possible that your stock broker can be liable, but the feasibility of your recovery depends on very specific facts. Do you have a contract with the stock broker that outlines your relationship? Do you have written evidence of your request for him to buy a significant amount of stock? In... View More

1 Answer | Asked in Stockbroker Fraud for New York on
Q: I believe my mother lost a lot of money due to her broker's failure to diversify her portfolio.

Do we have a claim against the broker?

Barry E. Janay
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answered on Oct 10, 2016

Yes, undue concentration or lack of diversification can prove an unsuitability of investment claim against a brokerage. I would need to learn a lot more about the facts of your particular case however. Please feel free to privately email me so that we can discuss the merits of your claim in... View More

1 Answer | Asked in Stockbroker Fraud for New York on
Q: My new broker is asking for all kinds of information such as my age,

current investments, and tax status. Why does he need to know all of this?

Barry E. Janay
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answered on Sep 23, 2016

He's making sure that the investments you choose are suitable. Broker's can be sued for things such as churning, excessive trading, lack of diversity in a portfolio, or putting people into unsuitable investments based on things like their age. For instance, a 90 year old that needs to... View More

1 Answer | Asked in Stockbroker Fraud, Consumer Law and Real Estate Law for Florida on
Q: My mortgage broker didn't put the right values for my student loan debts, what do I do?

I hired a mortgage broker to help me purchase my home in Florida.

I disclosed all liabilities via e-mail. This included a screenshot of my student loans , which totaled roughly 90k.

We have been in the house now for a few months and have been notified, by the broker, that our loan... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Sep 22, 2016

Maybe, maybe not. It was equally your duty to review your own documents for errors; as you admit you did and found the error but said nothing. The law equally puts the duty to read contract on you as one of the signing parties. This is surely a mess and you will need to retain an attorney.

2 Answers | Asked in Stockbroker Fraud for New York on
Q: Do day traders have to get the same certification as other stock brokers?
Barry E. Janay
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answered on Sep 8, 2016

A broker and a trader are different types of positions. Go to the FINRA website to see the requirements for your position. If you are just trading your own money the answer is no obviously.

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2 Answers | Asked in Stockbroker Fraud for New York on
Q: I signed up with a broker from another state over the phone who convinced me he could help with my investments.

If the investments haven't done well can I do anything?

Barry E. Janay
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answered on Aug 25, 2016

Need to know more, but what you've written is not enough to levy fraud charges.

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1 Answer | Asked in Stockbroker Fraud, Real Estate Law and Landlord - Tenant for Utah on
Q: I received an offer through an out of state broker to lease my building. I had no prior listing with anyone.

Will I owe him a commision. There was no discussion, when he made calls. He obviously is working on behalf of the prospective tenant. I do not think he is licensed in Utah

Lincoln W. Hobbs
Lincoln W. Hobbs
answered on Aug 17, 2016

Assuming you only spoke by phone and did not agree to pay a commission, no commission would be owed. He may seek to recover under an equitable theory, if he produced a lessee to whom you leased, but it is unlikely he could recover.

1 Answer | Asked in Stockbroker Fraud for New York on
Q: My broker convinced me to invest in stocks claiming a large return but that wasn't the case. Can I do anything?
Barry E. Janay
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answered on Aug 12, 2016

Depends on whether he actually guaranteed returns... If he couched this as speculation then you likely can't do anything unless the investment was clearly unsuitable based on your investor profile.

1 Answer | Asked in Real Estate Law and Stockbroker Fraud for Ohio on
Q: Im selling my home with no help from a realtor. I have a "buyer" but havnt gotten adeposit or anything else.The buyer

Has given me a written contract but we have not done any title work. Or deposit. Hes now relisted the home and calling himself the owner. Is that legal and what can I do about pics he posted that were for his partner but he put them on the internet without my permission. Any ideas? Thanks

Matthew Williams
Matthew Williams
answered on Jul 27, 2016

This guy sounds like a scam artist. I would rescind the contract and report what he has done to the police. He may have done this before.

1 Answer | Asked in Stockbroker Fraud and Real Estate Law for California on
Q: what are the penalties for failure to disclose the mandated state disclosures e.g. "known hazards"?

Other than disciplinary actions against real estate brokers or sales people, or arbitrated settlements for failure to disclose issues which had weight in decision to buy, other than just rescission of purchase contract? Say, still want to own the property, just what are the possible monetary... View More

Richard Samuel Price
Richard Samuel Price
answered on May 2, 2016

The buyer would have to prove up monetary damages of either the costs to repair or the diminution in value of the property. However, if the buyer had knowledge of the material facts, or should have known, then the buyer won't be entitled to recovery.

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