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Breach of Contract

A breach of contract results when a brokerage firm fails to live up to written and/or verbal agreements regarding the handling of your account, which includes FINRA and SEC rules and laws. If your broker failed to fulfill promises made in your agreement, then your broker likely breached their contract with you. A New York investment breach of contract law firm like Malecki Law can review your contract and potential breaches at no cost. When you entered a professional relationship with your broker, you likely entered into a written agreement with them.

In general, contracts require the following elements: offer, acceptance, and consideration. The contract between you and your broker contains the terms of your relationship, such as the broker’s obligations owed to you as their client. Your broker may breach the contract by failing to perform subject to the contract terms. If it seems as though your broker did not perform her/his promises that were established at the outset of your relationship, your broker potentially breached their contract with you. A New York investment breach of contract attorney at Malecki Law can assess your potential case in a free consultation.


If your broker engaged in breach of contract, you might be entitled to some form of damages. There are three types of damages: compensatory damages, liquidated damages, and punitive damages. Compensatory damages are meant to compensate investors for the financial losses they sustained due to the broker’s breach of contract. Compensatory damages tend to be the most common type of damages. Liquidated damages may be awarded if there was a liquidation clause in the initial contract, which would contain a fixed amount of damages to be paid to the non-breaching party, the investor in this case. Lastly, punitive damages are the least common type of damages because they are intended to punish the broker’s intentional misconduct. If you notice your broker failed to fulfill promises made in your agreement, you need an experienced investment breach of contract lawyer in New York at Malecki Law who can review your contracts and advise you accordingly.

Next steps – Dispute Resolution

If you have a viable breach of contract claim, you can file for FINRA Arbitration. Arbitration is an alternative to going to court and tends to be faster and less expensive. The first step to the arbitration process is filing a statement of claim against your broker and/or brokerage firm (the respondent). The statement of claim outlines the dispute with the respondent, relevant legal arguments, and damages. The respondent must then timely file a statement of answer. Then, the parties engage in arbitrator selection, prehearing conferences, and discovery. If you notice your broker failed to perform the terms outlined in your agreement, your broker may have breached their contract. A New York investment breach of contract law firm like Malecki Law is skilled at these claims. The previously mentioned steps all lead up to the hearing. After the hearing, a panel of arbitrators will issue an arbitration award, which will include damages awarded among other things. If a claimant investor is awarded damages, the respondent has thirty days to make payment. At any point, you can request mediation. Mediation is an informal route to dispute resolution, which is typically faster and less expensive than litigation or arbitration. Through mediation, both parties have the common goal of reaching a settlement.

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Testimonials From Former Clients
I highly recommend Jenice and her team at Malecki Law. I had a challenging, and lengthly case. Jenice was professional, very knowledgeable, and a pleasure to work with. She managed to make the process far less stressful during a very difficult time. They care about their clients, and it definitely shows. Mario
Jenice is truly a miracle worker and one of the top securities lawyers. She handled a very difficult case for us, displaying her legal knowledge, intelligence, and savviness throughout the process. I cannot recommend her enough. The quality of work from her team rivals that of corporate law firms. She was always available, extremely professional, and made sure to know all the details of the case. We were very fortunate to have been referred to Jenice and highly recommend her for any securities related legal issues. Nathan A.
An excellent professional who represented us in trial regarding a bank fraud, an unexpected and difficult time. A professional that worked hard, persevering and who stood toe to toe against firms that had a team of excellent lawyers backing them up. Her unflinching determination really stands out, it makes you feel you have someone who really cares about trying to recover what you lost from the people that wronged you. Salomon Levi
It is difficult to thank you in words when gratitude comes from the heart, so I will try to link feelings with writing. It is essential for us to mention your excellence as a professional, your aptitude on legal fields, and your unavoidable persistence. All of these virtues that elevate the profession you exercise in such an admirable way, go hand in hand with your sense of ethics, your human warmth and the transparency in your actions. To sum up, thank you for being a listening ear and for having the right word while transmitting information about the legal process. Having you as our representative during such an adverse situation was a privilege and enough reason for our eternal gratitude. Angeles Aparain
To say that my securities litigation was complex would be a severe understatement. With multiple parties involved and spanning many years, trying to understand the issues was daunting to say the least. Jenice and her team broke down the transactions by segment and by party uncovering every hidden expense. In the end, I was more than happy and could not thank Jenice and her team enough. I would not hesitate to recommend Jenice to anyone. She is highly professional, incredibly knowledgeable, well connected to industry experts, has a tireless work ethic and is so pleasant and easy to communicate with. Five stars for sure! Andrew Loughrane