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Page 5 of 19 |
Can I sue the broker? |
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Probably not, in the sense of starting litigation in court, although that will primarily depend on your Brokerage Agreement.
Today, nearly all brokerage houses require that as a condition of opening or maintaining an account, you agree to use arbitration to resolve disputes with your broker, rather than sue. Most securities brokers require this procedure because it is a relatively prompt and moderately inexpensive means of resolving complicated issues, especially when contrasted with litigation before a court.
Check your agreement with your brokerage firm to see if an arbitration clause exists and what it says. The following is just part of a typical Brokerage Arbitration Clause in the new account agreement of one of the leading brokerage firms, Charles Schwab and Co.:
"I agree to settle by arbitration any controversy between myself and Schwab and/or any Schwab officers, directors, employees or agents relating to the Account Agreement, my Account, or account transactions, or in any way arising from my relationship with Schwab as provided in... the Account Agreement."
If you agreed to arbitration, you cannot sue the broker or persons associated with the broker (unless the broker agrees to permit suit instead of arbitration). |
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