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

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.

Answers from 1 Lawyer

Answer

Financial Services

California

Answered 660 days ago

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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Can an investment advisor change the terms of an advisory contract without the client's consent?

I recently entered into an investment advisory contract with a financial advisor to manage my portfolio. However, I received a notice from the advisor stating that they will be making changes to the terms of the contract, including an increase in their fees and additional services that were not initially agreed upon. I am concerned about these changes as they were made without my consent and I would like to know if the advisor has the right to unilaterally modify the terms of the contract without my agreement.

View Jeff G.

5.0 (12)

Jeff G.

Answered Dec 27, 2024

If the original agreement allowed for the advisor to make these changes unilaterally (without your input/consent) and/or on some predefined periodic basis, then yes, they can. However, if the agreement is silent about changes to the terms of your relationship, or is otherwise restrictive about how/when changes can happen, then no, they can't simply decide to change the terms. The next thing you'll want to evaluate is the termination language of your agreement and see if and how much notice is required for either of you to end the relationship. It's sometimes the case that the change notification you received is really an attempt to get you to terminate the agreement when they don't have the power to do so. But you'd need someone to review the agreement for you to provide competent advice.

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Financial Services

Loan Agreement

Ohio

Asked on Jun 1, 2025

Can a lender change the terms of a loan agreement without my consent?

I recently entered into a loan agreement with a lender to borrow funds for a business expansion project. However, I have received a notice from the lender stating that they intend to change certain terms of the loan agreement, such as increasing the interest rate and extending the repayment period, without seeking my consent. I am concerned about the legality of such changes and the impact they may have on my business.

View Gary S.

5.0 (3)

Gary S.

Answered Jun 25, 2025

Generally no, a lender cannot unilaterally change the terms of a loan agreement without the borrower's consent. Loan agreements are binding contracts, and any modification to the terms (such as interest rate, repayment schedule, or collateral requirements) typically requires both parties to agree to the change. However, depending on the agreement's terms and the type of loan, there are some nuanced exceptions. Some loan agreements permit changes without borrower consent, such as variable rate provisions, default provisions (allowing changes if borrower is in default), or loan servicing clauses (ex. payment instructions can usually be modified unilaterally). However, in each case, these rights to modify the terms must be clearly stated in the loan agreement, and if the agreement is silent, the lender cannot change the terms without the consent of the borrower. The information provided in this response is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication. For advice specific to your situation, please seek legal counsel.

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Terms Sheet

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Asked on Mar 30, 2021

What are the most important things to look at in a term sheet?

I am expecting to get a few term sheets from investors in the next month. I want to know what I should be looking for.

View Ramsey T.

4.9 (5)

Ramsey T.

Answered Mar 30, 2021

Every term in a term sheet, by definition is important. A term sheet is a summary of the most important parts of a "deal" - a way of getting to and negotiating the hear of the deal before filling in the gaps with boilerplate. Therefore, you should make sure that you understand all of what has been proposed and negotiated in the term sheet - even the provision that don't seem that important - because they wouldn't be in the term sheet if they weren't a key term to one side or the other.

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Master Services Agreement

California

Asked on Mar 31, 2021

What are the baseline terms I need in my MSA?

I am working on putting together a larger agreement that can cover everything that I do. I am a Digital Marketing agency and there are a lot of services we provide - Google Ads, SEO, backlinking, content writing, etc. I want to know what should go in my MSA.

View Donya G.

4.9 (61)

Donya G.

Answered Mar 31, 2021

Some of the baseline terms will be 1) services offered 2) time of delivery of the services 3) amount to be paid for the services 4) the responsibilities of the parties 5) what happens if the parties do not agree. DISCLAIMER The answers to these questions do not constitute legal advice and does not create an attorney-client relationship with the attorney and anyone who reviews these responses.

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Loans

Promissory Note

California

Asked on May 12, 2021

Is a promissory note legally binding?

I was told by my brother n sister that I would be able to borrow against my parents estate 20,000.00 to buy a trailer and car. This was my dad's wish. A trailer was bought for 13,563.95 and I was told I'd have to wait for car. I have medical issues and have to travel 45 miles either way to see my Drs so a car is very important. My brother executer and sister showed up yesterday saying they never said 20,000. and I'm only getting 15,000. They expected me to sign a promissory dated back in Nov 2020. I've always thought contracts should be signed before the fact not after. The money will be taken from my share of trust so why the note.

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5.0 (2)

Rebecca S.

Answered May 26, 2021

A promissory note is based on when the loan is made, not necessarily when the note is signed. So if the siblings actually loaned the money, regardless of when the note is signed, then a backdated note is ok. Review by an attorney is advised.

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

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