Series 63 practice questionhardDistinction: Unsuitable vs. Fraudulent
An agent negligently recommends unsuitable, high-risk options strategies to a novice client, resulting in substantial losses. There is no intent to defraud. Which statement BEST reflects the USA’s view?
- AThe agent can be held liable for unsuitable recommendations, even absent fraud✓ Correct answer
- BThe agent is only liable if fraud is proven
- CNegligent recommendations are not prohibited
- DOnly the broker-dealer would be liable
Explanation
Why A — The agent can be held liable for unsuitable recommendations, even absent fraud
The USA prohibits unsuitable recommendations regardless of intent (USA 412), and both agents and broker-dealers may be liable. B, C, and D ignore the strict liability attached to suitability violations.
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