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Series 63: Remedies & Administrative Provisions
Series 63 practice questionhardCivil Liabilities — Measure of Damages

An investor purchased 500 shares of XYZ Corp at $20 per share based on fraudulent misrepresentations by her agent. She received $500 in dividends and later sold the shares at $12 per share. What is the maximum amount she can recover under the USA?

  1. A$4,000 (the loss on the sale)
  2. BThe difference between the purchase price plus interest and the sale proceeds, minus the $500 in dividends✓ Correct answer
  3. C$3,500 (the loss on the sale minus dividends received)
  4. D$10,000 (the original purchase price)
Explanation

Why BThe difference between the purchase price plus interest and the sale proceeds, minus the $500 in dividends

Under USA Section 410(a), if the buyer no longer owns the security, the measure of damages is the purchase price plus interest from the date of purchase, minus income received on the security and minus the sale proceeds. The buyer recovers the net economic loss adjusted for interest and income.

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