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Series 63: Remedies & Administrative Provisions
Series 63 practice questioneasyElements of Civil Liability

Which of the following must be proven by a buyer to recover civil damages under Section 410 of the USA?

  1. AThe sale violated the registration or anti-fraud provisions✓ Correct answer
  2. BThe seller intended to defraud the buyer
  3. CThe buyer suffered a total loss
  4. DThe Administrator investigated the transaction
Explanation

Why AThe sale violated the registration or anti-fraud provisions

Buyers must show a violation of registration or anti-fraud provisions to recover under Section 410. Intent to defraud is not a requirement for civil liability, nor is a total loss or investigation by the Administrator.

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