A doctor trusted a stockbroker with his savings and in a year saw his investment cut in half, his money in risky high-tech stocks.
A retiree told her advisor that she wanted safe bonds, but now finds that her retirement funds have disappeared in worthless penny stocks and variable annuities that have lost much value and have very high fees.
A family trusted a large brokerage firm with all of the stock they received in the sale of the family business and the brokerage firm did not diversify their holdings and the family lost almost all of their investment assets.
In each of these cases, the broker or advisor has breached a fundamental duty to the client by providing unsuitable investment advice.
Who decides what a 'suitable investment' is? You do. When it comes to investing, your unique situation, in large part, defines your suitability. It is your broker's responsibility to make sure that he or she understands your suitability requirements.
Stockbrokers and investment advisors must have a reasonable basis for their recommendations. To form that reasonable basis, the broker must attempt to learn about your financial situation and investment objectives. The Financial Industry Regulatory Authority (FINRA) rules require that a broker attempt to learn about your:
1. age;
2. financial status;
3. tax status;
4. investment objectives; and
5. other information considered reasonable by a broker in making
recommendations to you.
The broker must analyze the information that you provide to determine whether the recommendation he or she wants to make is right for your specific circumstances. Thus, if a broker 'cold-calls' you with a recommendation without first discussing your financial situation and investment objectives, that broker has violated the suitability rule. It is a good idea to NOT do business with that broker.
FINRA requires brokers to gather financial and other information about you because without it the broker may make unsuitable recommendations, and you, the investor, will be unduly hurt by losses suffered as a result. In fact, if a broker makes recommendations without adhering to FINRA's rules, FINRA could find that the broker violated FINRA suitability and fair dealing rules.
You may notice suitability problems in your account during your monthly account review, when your own research tells you that an investment is too risky for you, or if your tax professional tells you there might be a problem. If you see a potential problem, consult with the Savage Law Firm, P.A.
We have a local, regional and national practice. Within Florida, we represent many clients in the Tampa area, including people in Hillsborough County, Pinellas County, Pasco County, Sarasota County, Manatee County, Lee County, Tampa Bay, St. Petersburg, Clearwater, Sarasota, Largo, Palm Harbor, Dunedin, Temple Terrace, Oldsmar, Brandon, Plant City, St. Pete Beach, Madeira Beach, Treasure Island, Safety Harbor, Tarpon Springs, Sun City, Bellair, Bellair Beach, Bellair Bluffs and Carrollwood.
All rights reseved by : The Savage Law Firm, Copyright 2009