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Home Q&A Forum Can an investment advisory contract be terminated by the client if they are dissatisfied with the services provided?
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Financial Services

Investment Advisory Contract

California

Asked on Aug 11, 2024

Can an investment advisory contract be terminated by the client if they are dissatisfied with the services provided?

I am seeking legal advice regarding an investment advisory contract that I have signed with a financial advisor. I have been dissatisfied with the services provided so far, as the advisor has not been transparent about their fees and has made poor investment decisions. I want to know if I have the right to terminate the contract and what the potential consequences or obligations might be if I do so.

1 Attorney answer

Answer

Financial Services

California

Answered 34 days ago

Jonathan W.

ContractsCounsel verified

Business Lawyer
Licensed in California, Washington
Free Consultation

Generally speaking and without seeing the contract, there are usually two ways to get out of contract - (i) under the terms of the agreement or (ii) breaching the contract. First, without a breach of the agreement to determine whether you can do this you need to review the contract to see if there are service levels, promised returns, or other commitments that the IA is not meeting. Then you need to look at the section on termination in the contract and see if their failure to fulfill their obligations is covered and what the process is for termination, i.e. is there a breach cure period, is there a dispute resolution provisions, any penalty/fee for early termination and what are the notice provisions. The other way is to Breach the contract which would be stopping performing your obligations under it which I would assume without seeing it are likely just payment of fees. The potential consequences of breaching a contract could include lawsuits, financial penalties, and damage to your reputation. Also before resorting to breaching the contract, I would suggest exploring negotiation with the Investment Advisor as they may be willing to amend the terms or agree to an early termination. I will also add, in any event, you should be keeping a detailed record of all communications with the Investment Advisor, especially if there are performance issues or disputes. This documentation can be crucial if legal action becomes necessary.

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