Investing is defined as the act of committing money or capital to an endeavor with the expectation of obtaining an additional income or profit. A wide range of endeavors and activities may fall under the investment category, but the term "investments" is frequently associated with stocks, bonds, mutual funds, private placements, annuities, insurance, real estate, promissory notes (e.g., loans), and commodities.
Most investments involve some form of risk. As a result, significant sums of money may be lost. When money is lost, disputes may arise concerning the purchase and sale of the investment. Most of the time, this means that the actions of the sellers and issuers of the investment - commonly, securities brokerage firms, securities brokers, insurance companies, and insurance agents - are closely scrutinized. The following types of actions are frequently analyzed when an investment dispute arises, and may or may not give rise to legal claims based in negligence or fraud:
- The overall assets, financial needs, investment objectives, and risk tolerance of the purchasers.
- The written and oral representations provided by the sellers and issuers of the investments at the point of sale. Typically, the representations pertain to the function, features, benefits, and risks of the investment.
- The written and oral representations provided by the sellers and issuers of the investments after the sale that might cause the purchaser to hold onto the investment, rather than sell it.
- The sales training provided by securities brokerage firms and insurance companies to their their brokers and agents.
- The nature and scope of supervision provided by securities brokerage firms and insurance companies at the point of sale of the investment and after the sale of the investment. Typically, the supervision pertains to both the sale of the investments, and the actions of the brokers and agents.
Joel Ewusiak has experience representing all parties involved in investment disputes - the sellers, issuers, and purchasers. For more information concerning Joel's background and experience litigating and arbitrating investment disputes, please review his biography here.