Can a Broker Sell Your Investments Without Your Permission? (2024)

Can a Broker Sell Your Investments Without Your Permission? (1)

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  • By Lucien Bechard
  • Updated August 23, 2023

6 min read

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Can a broker sell your investments without your permission? In the first months of 2021, similar searches hit an all-time high during the meme stock frenzy. Many investors believed they saw some of their investments frozen or sold without consent. Questions of legality were mentioned. Brokers have various powers depending on which type of brokerage account is operated. It is all mentioned in the fine print that none of us ever read upon opening our brokerage accounts. Better late than never to demystify this question and make new and seasoned investors more aware of their account specifics. This information will be useful, especially for investors with margin accounts. In the final section, we will also answer whether Robinhood acted legally or not when the company froze certain stock purchases and sold some investors’ positions.

Table of Contents

  • Discretionary vs. Non-Discretionary Accounts
    • Can a Broker Sell Your Investments Without Your Permission with Discretionary Accounts?
    • Non-Discretionary Accounts
  • Can a Broker Sell Your Investments Without Your Permission with Margin Accounts?
    • Forced Liquidation
    • Best Brokers for Margin Accounts
    • Did Robinhood Sell Investors Stock Without Permission?
    • A Broker Can’t Sell Your Investments Without Your Permission, Unless…

Discretionary vs. Non-Discretionary Accounts

Can a broker sell your investments without your permission? In 2021, Robinhood and other major brokers were accused of selling their clients’ positions without permission. As a result, many investors did something they never did before. They read the documents given to them during their account openings. What do they say? There are two types of cash accounts, and each has different rules. Let’s take a look at them.

Can a Broker Sell Your Investments Without Your Permission with Discretionary Accounts?

Discretionary accounts, also known as managed accounts, give the broker the right to make trades on behalf of the customer without their permission. Brokerages use their discretion to make these trades. However, clients are informed by law and know their broker can make trades on their behalf.

Can a broker sell your investments without your permission? Often, there are limitations regarding the types of trades allowed.

An Investment Policy Statement (IPS) is implemented to prevent unlawful trades. Most brokerage accounts belong in the next section.

Non-Discretionary Accounts

Can a broker sell your investments without your permission? Non-discretionary or self-directed accounts give all the power to the clients. Brokers aren’t allowed to make any transactions on behalf of their clients. If the broker wishes to make a transaction, they must contact their client and get their permission.

If you notice a broker-initiated transaction, you must contact them directly and demand explanations. Then, they can be sanctioned for their actions.

What about margin accounts?

Can a Broker Sell Your Investments Without Your Permission? (3)

Can a Broker Sell Your Investments Without Your Permission with Margin Accounts?

Can a broker sell your investments without your permission? Margin accounts follow different rules. Investors with margin accounts borrow money from the broker for more buying power. Wealthier investors have access to more leverage, up to 20:1. Brokers can sell their clients’ position when margin requirements aren’t met. Let’s take a fictional example.

An investor has $10,000 in their margin account. Their broker gives them a 2:1 leverage. What does this mean? The investor can now access $20,000 but with an interest rate. We are all aware that trades can be profitable and unprofitable. In the former case, the investor and the broker are happy when stocks go up. However, in the latter case, the investor can find themselves in some trouble.

Let’s say that $20,000 is used to buy a stock trading for $50. After a few days, it drops to $25. In a cash account, it is a 50% loss, but in a margin account, it is a 100% loss. Remember that $10,000 the broker lent to the investor? That is all that remains in the account. The broker will pull the plug on the trade unless the investor sells the position or adds more funds into the account. Now, the investor lost all their capital and owed interest on top of that.

Forced Liquidation

Under which terms can a broker liquidate your position when they are owed money? These terms are outlined in the initial agreement. If there isn’t a good cash position in the account, brokers can liquidate other positions to recoup the money they are owed.

Pro-tip, don’t wait for that to happen. Instead, meet the margin requirements (funds borrowed + interest) ASAP and keep your broker happy.

Is there a method for picking positions to liquidate? Unfortunately, it can be done randomly, in alphabetical order, or any other order. All this without consulting the investor. Can a broker sell your investments without your permission? According to the margin agreement, yes, they can.

Best Brokers for Margin Accounts

Every broker sets its interest rates for margin trading. Below is a list of major financial institutions that offer margin trading. Rates are based on account sizes between $100-250k. Therefore, lower account balances may be subject to higher rates. Interactive Brokers Plus, M1, and Robinhood, offer a flat rate regardless of the account balance.

Since the beginning of the year, many brokers have increased their rates due to interest rate increases by the FOMC. As a result, cheaper brokers may not offer the best services. Sometimes, paying more for a better platform and service can be advantageous. We have an article outlining the best platforms for each type of investor.

Interactive Brokers Pro: 2.58%

Interactive Brokers Lite: 4.08%

M1 Plus: 2.00%

M1 Finance: 3.50%

Robinhood: 4.25% (Take a look at our RH reviews here and here)

Webull: 5.99%

TastyWorks: 6.50% (We have a good article about the platform here)

Fidelity: 8.325%

Schwab: 8.325%

Vanguard: 8.50%

Etrade: 8.95%

TD Ameritrade: 9.25% (ThinkorSwim has an amazing platform reviewed here)

Did Robinhood Sell Investors Stock Without Permission?

What type of brokerage does Robinhood operate as? It is a non-discretionary or self-directed broker. By definition, Robinhood can’t perform any transactions on cash accounts without the consent of its customers. However, Robinhood can sell stocks in a margin account when its clients don’t meet requirements.

Many investors using Robinhood’s platform argued that their shares were illegally liquidated. An investigation was launched, concluding that Robinhood did everything legally. Some margin accounts were indeed liquidated, but all were within legality.

Robinhood did, however, freeze the purchase of many meme stocks during the early months of 2021. However, that is a different story. These actions may have been illegal and broken many free market aspects, but they are unrelated to liquidating positions.

A Broker Can’t Sell Your Investments Without Your Permission, Unless…

Brokers cannot liquidate a client’s position unless it is a margin or discretionary cash account. Most clients do not own a discretionary account. They operate non-discretionary (self-directed accounts). If your broker sold your position without your consent, contact them and demand the reason why. However, brokers can liquidate margin accounts when the requirements aren’t met. They can randomly choose which position to sell. Margin account holders must familiarize themselves with these conditions to avoid unpleasant surprises.

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Can a Broker Sell Your Investments Without Your Permission? (14)

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Can a Broker Sell Your Investments Without Your Permission? (2024)

FAQs

Can a Broker Sell Your Investments Without Your Permission? ›

Brokers are not allowed to sell your stocks unless you have given them permission to do so. You have the ultimate authority over how the money you invest is handled. However, you can grant permission to a broker to trade your stocks in different ways.

Can a broker sell your stocks without permission? ›

Brokers and financial advisors are not permitted to sell (or purchase) stocks without obtaining the investor's authorization.

What is broker misconduct? ›

This can include activities like making false statements, engaging in market manipulation, or running Ponzi schemes to defraud investors. Breaching fiduciary duty is another common form of misconduct where brokers prioritize their own interests over those of their clients, exposing them to financial harm and loss.

Can a broker take your money? ›

Occasionally, a broker will engage in plainly criminal acts like theft, fraud, and forgery. In essence, the broker hatches a scheme to steal your money.

Can a broker close your account? ›

Generally, either you or your brokerage firm may close your brokerage account at any time.

Why was my stock sold without permission? ›

The Bottom Line

If you find that your broker has sold securities in your account without express permission, chances are that they've done nothing wrong. If you have given a broker discretionary power to trade for you, they may do so without contacting you first.

Can a broker sell your stocks? ›

In order for a broker to sell stocks in a discretionary account, they must have what is called “discretion.” This means that the broker must have reasonable grounds to believe that the sale is in the best interests of the client.

What is broker manipulation? ›

Spread manipulation: Brokers may manipulate the bid-ask spread to widen the spread during volatile market conditions, resulting in higher trading costs for traders. Price manipulation: Brokers may manipulate the price feed to create false price movements or to trigger stop loss orders.

What not to tell a broker? ›

Here are the 7 most important things to not tell your realtor when selling.
  • What you think your home is worth. ...
  • Your need to sell quickly. ...
  • Plans for upgrades before selling. ...
  • Non-mandatory legal information about your property. ...
  • You're okay with an inflated history of dual agency. ...
  • Your lowest acceptable selling price.
Apr 12, 2024

What is broker negligence? ›

Negligent misconduct need not have been intentional. In other words, negligence indicates that a broker (or brokerage firm) should have taken some action—or should have refrained from taking some action—to protect an investor against an unreasonable risk of harm.

Can you sue a broker for losing money? ›

Yes, you can sue your broker if you have had losses in your financial account. There are two primary ways of suing your broker: filing a suit or filing an arbitration.

Can you trust a broker? ›

One of the most important indicators of a trustworthy and reliable broker is that they are licensed and regulated by a reputable authority. This means that they have to comply with certain standards and rules that protect your interests and rights as a client.

How do you know if a broker is scamming you? ›

Let's look at 5 indicators of a forex broker scam that will help you identify these common scam techniques:
  • Check your Broker's Regulatory Info. ...
  • Check Regulator's Website Database and Quality. ...
  • The Broker Guarantees High Immediate Returns. ...
  • The Broker Does Not Respond to Queries. ...
  • Read the Clients' Reviews.
Mar 7, 2024

Can brokers take money from my bank account? ›

While your bank account is linked to your trading and demat accounts, your broker cannot withdraw funds from the linked bank account.

Can a brokerage lose your stocks? ›

A: Nearly all broker-dealers are members of Securities Investor Protection Corporation (“SIPC”). SIPC protects customers of a SIPC member broker-dealer against the loss of securities and cash deposited with that SIPC member for the purchase of securities.

What happens to your money if a broker goes bust? ›

The failure of a firm might understandably cause some anxiety for its customers. However, should your firm cease operations, don't panic: In virtually all cases, customer assets are safe and typically are transferred in an orderly fashion to another registered brokerage firm.

Can a company force me to sell my stock? ›

However, there are a few situations in which shareholders must sell their stock even if they would prefer to hold onto their shares. The two most common are when a company gets acquired and when it has an agreement among shareholders calling for forced sales.

Can my broker lend out my shares to short sellers without asking? ›

The only case where your broker might lend your securities without your knowledge is when you have a margin account and you are actually borrowing money. > brokers cannot lend your shares without a written agreement allowing it.

Can you be forced to sell your stock? ›

Through a buy-sell agreement, it is possible for the majority to compel minority shareholders to sell their shares. This commonly occurs in cases of company-wide buyouts where there is a need for a forced buyout of all or certain shares held by minority shareholders.

Can I refuse to sell my stock? ›

Generally, a shareholder can refuse to sell their shares, per the terms of the agreement. If there is no agreement or the agreement doesn't have a buyout clause, then the shareholder may be forced to sell their shares.

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