Series 63 practice questionmediumCivil Liabilities — Buyer's Remedies for Fraud
A training manager asks you to analyze the following USA issue. Assume the administrator is testing the cleanest state-law answer. A client purchased a security based on material misrepresentations made by her agent. If the client still owns the security, she may:
- ASue for rescission and tender the security back to the seller in exchange for the purchase price plus interest✓ Correct answer
- BKeep the security and sue for the full purchase price as additional damages
- COnly file a complaint with the Administrator and wait for an enforcement action
- DSue only the broker-dealer, not the individual agent
Explanation
Why A — Sue for rescission and tender the security back to the seller in exchange for the purchase price plus interest
Under USA Section 410(a), if the buyer still owns the security, the remedy is rescission — the buyer tenders the security back to the seller and recovers the consideration paid plus interest, minus any income received. The buyer cannot keep the security and also collect the full purchase price. The extra setup is just noise; the controlling state-law rule stays the same.
Turn it into reps
Reading one answer is not the same as being ready
Lucky the Banker is a free practice app with 646+ Series 63 questions, weak-area tracking, and timed mock exams. No credit card, no paywall.
Related Remedies & Administrative Provisions questions
- In a remedial practice session, the fact pattern is framed this way. Assume the administrator is testing the cleanest…
- On a timed state-securities quiz, the scenario below appears. Assume the administrator is testing the cleanest…
- On a final review set, the question is presented in this context. Assume the administrator is testing the cleanest…
- During a compliance drill, focus on how the Uniform Securities Act applies here. Assume the administrator is testing…