Question about lawsuit for broker

I trade through a major self directed broker, I won't name their name. Let me get your advice on this. So I place a silver futures trade and I call into their help desk and ask how to place a stop loss using their software. Keep in mind I'm not asking advice on the trade just how to place a stop loss using their software. I had to go through 4 advisors because they didn't know how to use their software and place a stop loss. I finally get to someone who knows how to place a stop loss but they don't explain how to place a full stop loss that goes into effect overnight. So I'm not filled overnight. In the overnight market silver goes crazy and I don't get stopped out and lose more money. I was supposed to lose $2,000 if the stop went through but I lost $5,800 because the stop wasn't triggered overnight. Who would you say is responsible for this. Myself or the advisor that helped me set up the stop loss. Luckily I didn't place a large trade because I could have gotten crushed.

Yeah all of the brokers are covered by layers upon layers upon layers upon layers of disclaimers that make using their software like walking on highwires. Anything short of their software exploding in your face killing or injuring you or your family, their "advisors" coming to your house gunning you down, they are not responsible.

Which really makes me think we traders should get traders' insurance for losses due to software errors. Every single time we incur losses because their software f***'ed up or their "advisors'" f***ed up, we get paid. If those trading softwares are as robust as what those cheap brokers make them out to be, and those "advisors" are all competent, the insurance companies should have no problem underwriting that insurance to us right? :sneaky:
 
For those that want to trader futures, I would suggest using a chart program like Ninja Trader or one of their many competitors. The software will work with most brokers so you just need to learn 1 software and its pretty easy to use plus they have lots of help on their website with training videos.

For overnight trades, you would have 2 choices, leave the software running on your computer, the stop order you place will activate. Or you could run the software on a virtual server that you rent that sits next to the exchanges to cut down on lag and has more protection against power outages.

No one that trades futures professionally uses the brokers software.
 
For those that want to trader futures, I would suggest using a chart program like Ninja Trader or one of their many competitors. The software will work with most brokers so you just need to learn 1 software and its pretty easy to use plus they have lots of help on their website with training videos.

For overnight trades, you would have 2 choices, leave the software running on your computer, the stop order you place will activate. Or you could run the software on a virtual server that you rent that sits next to the exchanges to cut down on lag and has more protection against power outages.

No one that trades futures professionally uses the brokers software.

Just don't use their automated trading system. It's crap. Their charts and manual trading software are acceptable.
 
How can that be? If the advisory team can't do it, then how am I supposed to do it. Why do they have an advisory team to help with the stop loss. That doesn't make sense
it was technical support, not advisory, so all on you. You should have tried first with a few trades on a live basis and see how it works. Also reading the manual helps :)

Stop loss orders are wank anyway, they get triggered at the worst possible time, taking small losses, before it bounces back. Of course depends where you put the stop threshold, might have been too low.
 
I don't think it's so black and white. To prove this is probably impossible and whether this loss is worth a major risk of a suit is a different question.

Unless the broker's software failed in some way (and possibly even if it did), you are 100% responsible for not setting the stop order properly.
 
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That is nonsense. That's like calling the doctors office to ask how to take the prescribed medicine and they tell you to take 3 pills instead of the usual 1 pill. If 1 was how much you should have taken then the doctor had a fiduciary duty to should have known. Broker staff, especially client facing staff are required to be licensed and they can't just talk shit.

Sorry you had that experience, but this really is on you. Don't place a trade unless you know everything about placing orders, the software being used and how it works, etc.,

Everyone you talk to at a brokers office may not know what they are talking about. Based on what you stated there is likely no lawsuit, but you may find an attorney who will charge you a nice hefty fee for you to find out. Then afterwards who would want you as a customer? To place an order in the Silver market and to not know all the specifics beforehand and then calling after the fact about what your are doing is not good. Not trying to be a jerk here I believe you need to rethink this.
 
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Well it's not their job to know their software, often times brokers just license third party product. A good broker should know but is not required to know. However, who is required to know the software is you. This mistake is on you for sure but I also think the broker is partly liable as well for having given wrong advice. The staff should have found someone knowledgeable at the broker to address your question instead of having given wrong advice.

Thanks for the feedback, I'm taking it into small claims court. Interesting point but I still find it hard to agree with you. I'm not trying to sound like a jerk. I signed up for no advice on trades or finance, I didn't sign up to learn software. I'm using their software to place a financial transaction and they don't know how to use their own software. That just doesn't make any business sense. You have to at least know your product or then don't give advice on the product. I don't think I signed anything that states I have to learn the software. I'll have to go back and check. If I did then it's on me I suppose. I could see if I used their software on my own and made a mistake but not when they give me advice, tell me the wrong thing and I'm liable.
 
Disagree strongly. I would sue a broker for zero loss if I was absolutely convinced the broker acted illegally or unethically. Your mentality is why so many wrongdoer get away and are repeat offenders.

I have been around since 1998, so I know a few things. Like you complaining for not clicking this:
View attachment 258793

WHO IS YOUR BROKER???

If $6K is worth suing someone, you should NOT be involved in trading...
 
That is nonsense. That's like calling the doctors office to ask how to take the prescribed medicine and they tell you to take 3 pills instead of the usual 1 pill. If 1 was how much you should have taken then the doctor had a fiduciary duty to should have known. Broker staff, especially client facing staff are required to be licensed and they can't just talk shit.

No only the ones that are actually be expected to place trades for you and on your behalf are required to be licensed. The ones who are just answering questions about their software and their company policies are not required to have anything. They can be just elementary school graduates for all you know.
 
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