What is the name of your state? Illinois
A financial planner, who set up a mutual fund, was told by her client, "If the principal drops below $50,000, please advise me, as I need to either cash out or move the money because I am paying my mortgage from this fund." The planner agreed, and said, you'll be able to pay your mortgage on the interest". This was when rates were fairly favorable and mortgage was on a very small home, resulting in a small monthly payment (650.00) If rate was 12.5%, interest would total $6250 yearly, and mortgage total for a year was $7800, so even at this high interest rate, client would already be losing principal. The client, getting a bit nervous, called advisor, asking for clarification of her statement and interest rate. Client was a new widow, didn't have much education, was new to finances, interest rates, and even paying bills. Her late husband took care of the finances. The planner, who dealt with the client's late husband and understood her situation, said, "don't worry about it, I'll take care of it." Client told planner she was trusting her implicitly and hung up.
The client was enduring several painful (total of eight) surgeries on her foot, resulting in lengthy hospital stays, rehabilitation for weeks at a time. Her planner was aware of this. Again, after notifying her planner of said medical issues, was told not to worry, as she (planner) would handle everything. Client had so much to deal with, as she was a new widow, and felt "blessed" to have a planner who vowed to manage her money, so she could concentrate on her health and getting her life back on track after losing her husband. (1st surgery was 3 months after death of husband).
Two years later, meeting with planner, the client was told her mutual fund was now worth $7,000. Client was shocked, and asked how this happened. Planner shrugged her shoulders and said "Why don't you get your son to pay the mortgage".
Of course there is a responsibility for all of us to take care of ourselves, but the above-mentioned conversation to notify client if fund dropped, was a verbal agreement. Client then called the planner a couple of days later to request copies of past MF statements to help her understand. During this conversation, client asked, "Do you remember when I came into your office in a wheelchair prior to my surgeries, and we discussed my plight and we agreed you'd notify me of any changes endangering my $50,000 investment? And you agreed to call me?"
"Yes, I do remember you asking me that" Advisor replied
"Well why didn't you" ?, client asked.
Planner excused herself for a moment to "get rid of another call" , and client was left on hold so long she realized the conversation was over.
Could their verbal agreement be considered a contract, and does client have a case to retrieve this lost principal?What is the name of your state?
A financial planner, who set up a mutual fund, was told by her client, "If the principal drops below $50,000, please advise me, as I need to either cash out or move the money because I am paying my mortgage from this fund." The planner agreed, and said, you'll be able to pay your mortgage on the interest". This was when rates were fairly favorable and mortgage was on a very small home, resulting in a small monthly payment (650.00) If rate was 12.5%, interest would total $6250 yearly, and mortgage total for a year was $7800, so even at this high interest rate, client would already be losing principal. The client, getting a bit nervous, called advisor, asking for clarification of her statement and interest rate. Client was a new widow, didn't have much education, was new to finances, interest rates, and even paying bills. Her late husband took care of the finances. The planner, who dealt with the client's late husband and understood her situation, said, "don't worry about it, I'll take care of it." Client told planner she was trusting her implicitly and hung up.
The client was enduring several painful (total of eight) surgeries on her foot, resulting in lengthy hospital stays, rehabilitation for weeks at a time. Her planner was aware of this. Again, after notifying her planner of said medical issues, was told not to worry, as she (planner) would handle everything. Client had so much to deal with, as she was a new widow, and felt "blessed" to have a planner who vowed to manage her money, so she could concentrate on her health and getting her life back on track after losing her husband. (1st surgery was 3 months after death of husband).
Two years later, meeting with planner, the client was told her mutual fund was now worth $7,000. Client was shocked, and asked how this happened. Planner shrugged her shoulders and said "Why don't you get your son to pay the mortgage".
Of course there is a responsibility for all of us to take care of ourselves, but the above-mentioned conversation to notify client if fund dropped, was a verbal agreement. Client then called the planner a couple of days later to request copies of past MF statements to help her understand. During this conversation, client asked, "Do you remember when I came into your office in a wheelchair prior to my surgeries, and we discussed my plight and we agreed you'd notify me of any changes endangering my $50,000 investment? And you agreed to call me?"
"Yes, I do remember you asking me that" Advisor replied
"Well why didn't you" ?, client asked.
Planner excused herself for a moment to "get rid of another call" , and client was left on hold so long she realized the conversation was over.
Could their verbal agreement be considered a contract, and does client have a case to retrieve this lost principal?What is the name of your state?