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Failure to follow instructions: This is self-explanatory.
The question is, did you actually communicate the instructions,
and can you prove that you did? The "Fatal Flaw" Syndrome:
There is an axiom out there that could keep a lot
of money in
investors' pockets if they would only remember it:
If something is too good to be true--it is. That
applies to arbitration, too. No case is perfect.
If you can't see a flaw, then something is probably
wrong. Find the flaw, then find a way to turn it
to your advantage. If you can't, at least you can
bring it up first, and dispose of it in your claim.
Important
note: The best way to determine your suitability
for particular investments, or your reasonableness
in relying on certain promises, or in calculating
damages, is to look over your current and past account
statements. If you are trying to determine suitability
or reasonable reliance,go back to your prior, concurrent
or subsequent accounts. Don't make the mistake of
thinking you can hide anything. No matter what your
motivation, you are risking a fatal error. More good
cases have been lost through an investor's mistaken
belief that "That isn't relevant," than
any other cause. And never assume what your damages
may be without taking the time to calculate them
directly from your statements.
In summary, when you evaluate your case, ask yourself
these questions:
Is there a viable someone to go after?
Can I force this person/firm to arbitrate?
Do I have a valid claim?
Do I have a valid loss?
Can I prove all of this to a neutral party?
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