Failure to Execute Trade

Financial advisers have a duty to properly execute client orders.  Failure to execute trades, also known as a failure to follow directions, occurs when a financial adviser does not execute a trade ordered by an investor.  Other cases include the failure of the financial adviser to obtain the best possible price during an authorized trade; make the trade in a timely manner, or carry out a pre-specified action at the price the client believes it will be. 

If an investor directs his/her financial adviser to sell or buy a given security and it is not done or not done in a timely manner, the financial adviser will be found in violation of his/her duties to the investor.  Even in such cases, it can often be difficult to prove especially if the order was conveyed verbally and not followed up with a written order. For this reason, it is important that you always maintain a paper trail by issuing written orders, even after confirming your request verbally with your broker.

If you suspect that your financial adviser has failed to properly execute a trade, or engaged in another sales practice abuse, please contact Wittenberg Law to discuss your legal rights and options.