California Stockbroker Fraud Questions & Answers

Q: Can I be sued for taking someone’s money and saying that I would invest for them when I don’t actually invest for them.

1 Answer | Asked in Banking and Stockbroker Fraud for California on
Answered on Apr 17, 2018
Tracy Stoneman's answer
Yes, because that conduct could constitute fraud and possibly breach of contract depending on the consideration paid.

Q: I just found out my mother in laws ira and stocks were stolen by her fin adviser,is there any recourse I can take?

1 Answer | Asked in Consumer Law, Federal Crimes, Elder Law and Stockbroker Fraud for California on
Answered on Jan 11, 2018
William John Light's answer
1. Call the police/DA's office. 2. The mother-in law's heirs may be able to pursue a financial Elder Abuse claim against the financial advisor and his employer. 3. Depending on the type of financial adviser, there may be state/federal licensing agencies to whom a complaint can be made. Some of these may have a fund to compensate victims of theft.

Q: Someone sent me this 2202. Intentional Interference With Prospective Economic Relations via text should I worry?

1 Answer | Asked in Employment Law, Stockbroker Fraud and Business Law for California on
Answered on Dec 28, 2017
Dale S. Gribow's answer
without all the facts it is hard to analyze.

this kicks in when you are interfering with someone else's business relationship.....ie they are trying to sell, enter into contract etc and you are causing them to lose their deal etc

Q: How can a Realtor structure a promotion to give a portion of commission to a charity?

1 Answer | Asked in Contracts, Real Estate Law and Stockbroker Fraud for California on
Answered on Nov 20, 2017
David Keith Hicks' answer
Your commission is yours after you receive it, and not before. It has nothing to do with the company or any "referral" fee. Are you trying to divert or delay income to avoid this years alternative minimum tax?

You don't really need a real estate lawyer. You need a lawyer who knows about California's sales and use tax that regulates non-profit transactions. Start by checking the Attorney General's Registry of Charitable trusts to check out the organization you want to do this with....

Q: WHAT IS EXTRINSIC FRAUD

1 Answer | Asked in Stockbroker Fraud, Civil Litigation and Landlord - Tenant for California on
Answered on Nov 6, 2017
Louis George Fazzi's answer
Generally speaking, extrinsic fraud exists where one obtains a judgment in court by producing some kind of false or fraudulent evidence which could not have been discovered by the adverse party at the time it was presented, and was only discovered afterward.

Q: Hello - Under Ca State Law is a consumer protected from a late charge if the due date falls on a closed store date?

1 Answer | Asked in Consumer Law, Contracts, Stockbroker Fraud and Civil Rights for California on
Answered on Nov 6, 2017
Louis George Fazzi's answer
You need to look at the terms of the contract you entered with the creditor. Generally speaking, if the due date is a day the business is closed, it is generally accepted practice to give a grace period until the next business day. I have not researched the Civil Code on this issue recently, but I am sure that businesses are required to extend the due date grace period until the next business day.

Q: how do i file a civil suit for broker fraud and negligence? is a contingency possible after reviewing the merits

2 Answers | Asked in Stockbroker Fraud and Real Estate Law for California on
Answered on Sep 26, 2017
Sagar Parikh's answer
Sorry to hear you have gone through this situation. YOu should retain a real estate/business lawyer to file a claim.

Depending on the damages and the strength of your evidence, yes, attorneys may be willing to take this type of case on a contingency.

A full consultation would be necessary to properly advise you.

I am a real estate broker in addition to being an attorney.

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

2 Answers | Asked in Stockbroker Fraud, Civil Litigation, Contracts and Consumer Law for California on
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...

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 Stockbroker Fraud, Employment Law and Real Estate Law for California on
Answered on Jul 1, 2017
Ali Shahrestani, 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...

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, Stockbroker Fraud and Business Law for California on
Answered on Jun 20, 2017
Ali Shahrestani, 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...

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 Stockbroker Fraud for California on
Answered on Jun 16, 2017
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.

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, Stockbroker Fraud and Civil Litigation for California on
Answered on Jun 1, 2017
Ali Shahrestani, 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...

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

1 Answer | Asked in Stockbroker Fraud for California on
Answered on May 3, 2017
Ali Shahrestani, 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...

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

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

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, Stockbroker Fraud, Business Law and Contracts for California on
Answered on Feb 12, 2017
Ali Shahrestani, Esq.'s answer
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,...

Q: If canceled contract with mortgage broker, b4 docs, can they still inquire info on my behalf?

1 Answer | Asked in Stockbroker Fraud and Real Estate Law for California on
Answered on Dec 6, 2016
Ali Shahrestani, Esq.'s answer
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.

Q: what are the penalties for failure to disclose the mandated state disclosures e.g. "known hazards"?

1 Answer | Asked in Stockbroker Fraud and Real Estate Law for California on
Answered on May 2, 2016
Richard Samuel Price's answer
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.

Q: Do we have to sign a 5arm loan from our broker? We want a 30 year fix, and he says no, we have to do this for 6 months?

1 Answer | Asked in Stockbroker Fraud and Real Estate Law for California on
Answered on Apr 24, 2016
Richard Samuel Price's answer
Best thing to do is discuss this with your agent's broker and with the loan officer. This may be the only way to purchase the home, but it may also be a way to get more business out of you. Remember, that you don't have to buy the house if you still have a loan contingency on the purchase.

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.