Series 63 practice questionmediumCivil Liabilities — Buyer's Remedies for Fraud
A training manager asks you to analyze the following USA issue. Focus on what changes once the scenario is viewed through state law. 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. This variant keeps the same legal rule but shifts the setup so recall has to stay flexible.
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