Failure To Advise


When a person engages the service of a broker, they put their full trust in the broker, expecting them to give sound and proper advice. Unfortunately, that is sometimes not the case. Although brokers have the duty to advise their investors about any advantages or risks regarding their margin trading decisions, they may sometimes fail to advise you properly. This may lead to many negative consequences, such as financial loss and emotional stress.

If your broker fails to advise you properly, you can seek legal recourse. Schedule your consultation with one of our experienced attorneys by calling (877) 905-7671 today.

What Is Failure to Advise?

Sometimes, a broker’s inability or unwillingness to provide their client with adequate information can result in unwise decisions made by the investor. This is known as failure to advise and can lead to huge consequences financially and emotionally. Brokers owe their client’s fiduciary interest. When a client engages a broker, the broker is expected to help the client understand what is going on. During their communication, the broker must ensure that the client understands the risks and obligations of margin trading, and that they are willing and can take the risks. However, when the broker does not sufficiently explain all the options available and chooses to withhold information or to give wrong information, they have failed to advise their client.

What Should the Client Do?

To get informed consent, a person should be aware of all relevant facts surrounding what they are consenting to. This means that without information, a person cannot give consent. Decisions can carry risks you were unaware of beforehand, especially in a securities litigation case. The broker’s job is to simplify and explain margin trading to clients in a way that they understand and advise them against taking part in margin trading if they do know get how it works. The unfortunate truth is that when people make decisions based on unsound advice given by brokers, it cannot be reversed. If damages result due to a broker’s failure to advise, the client can sue the broker for damages.

Determining liability for failure to advise cases can be complicated and difficult. As such, the client should approach an experienced securities lawyer if they are convinced that the broker has intentionally withheld information or given them the wrong information to get them to participate in margin trading.

Meet an Experienced Attorney to Discuss Your Failure to Advise Case. We Represent Clients Nationwide.

If you have engaged the services of a broker to seek their advice on trading, but they have failed to advise you properly, you should meet with a securities litigation attorney to talk about your case. Here at Weltz Law, our team of attorneys have been assisting many in their cases for more than 25 years. Our attorneys will represent you and fight hard for your best interests.