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.
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,... Read more »
For years my accountant had me add up all my sales & all my write offs and off that they would determine what I owe for taxes(payroll, sales & federal/state taxes). Because of that the IRS saw a mistake so I was audited for 2 years at once. My accountant then had told me to get quickbooks & finally... Read more »
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... Read more »
We signed a lease and paid the landlord and our broker, but the current tenant will not be out by our lease date and the landlord is discarding our lease and returning our money. However, the broker says he is still entitled to keep his fee because we signed the lease. Is this true?
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... Read more »
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?
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... Read more »
He convinced me he could help with my investments. If the investments haven't done well can I do anything?
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... Read more »
I feel like he blew it and I lost all the money - do I have any options to sue him?
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,... Read more »
Yes, many.
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 .
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.
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... Read more »
Piece of information not given, if known could have changed the decision made before closing of contract or investing in the stock
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... Read more »
No, but most are.
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?
Do we have a claim against the broker?
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... Read more »
A broker is a specific license issued and regulated by FINRA. Anyone can be a "day trader" so long as they are not doing it for others, then they may have to register as an Investment Advisor.
current investments, and tax status. Why does he need to know all of this?
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 have a... Read more »
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.
If the investments haven't done well can I do anything?
Need to know more, but what you've written is not enough to levy fraud charges.
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.
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