With an hour to close, I instructed my broker to sell everything in my IRA account, go into cash, and send me a check. My instructions were not followed. What recourse do I have?

Written by FreeAdvice Staff
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Investment brokers are required to follow client's  investment instructions. If a broker either intentionally or negligently fails to execute his client’s investment directions, he will be liable for any financial loss suffered or financial gain not realized by the client. A broker can also be held liable if he pressures a client into making certain investment decisions.

If your broker did not follow your instructions for investing your money, you may file a lawsuit, since brokers are usually considered to have a fiduciary duty -- a legal obligation to act in the best interests of their clients. Oftentimes, clients in this situation will sue for breach of contract or failure to follow investment instructions. A qualified securities attorney can help you determine which claim is best supported by the facts of your case.

In addition, you can contact the U.S. Securities and Exchange Commission (SEC) to file a complaint against your broker. The SEC, which is a federal government agency, regulates brokers and investigates complaints to ensure that there are no violations of securities laws. For more information about filing a complaint, visit the SEC website.

 

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