What is Wrong with Capitalism – #2 of 10 Checklist of Dec 9/10 – Lack of Warranty

A Warranty is normally attached to a product, except in the Financial Industry

The Lack of Warranty attached to Financial Investments.
Buying a car means whoever sold you the car stands behind the car. The financial system works on the opposite principle. BUYER BEWARE !

Money is Earned by Your Advisor When you Buy Something
This issue is at the core of what is wrong in our financial system. All incentives for the financial industry are based upon the money made by selling the instrument to you.

No one makes money or is really interested in what happens after you buy the instrument. If your investment goes up in value, the Advisor can then claim he/she made a good choice and sell you something else. If the investment loses value, it is never the advisors fault.

Every Excuse in the Book – The Financial Industry has Developed this list of Excuses that Sound so Plausible
It reminds me of that old movie called “The Blues Brothers” when John Bellushi is trying to explain to his former fiancé why he didn’t show up at the wedding. He gives her every excuse from “I missed the train.” to “I left my suit at the cleaners.”, all in rapid fire. Very funny and very similar to the lame excuses given by your advisor who really couldn’t care less what he sold you, as long as he sold you something.

They talk about Benchmarks, about the economy, about unexpected events, about how they left their suit at the cleaners, and so on.

When You Buy a Bargain at Walmart, You Get a Warranty
When you buy a toaster at Walmart, it carries a warranty. If something goes wrong with it, Walmart stands behind it. Walmart will refund your money or exchange the product. No questions asked. They stand behind what they sell.

When your financial advisor sells you something, he and his company and whomever created the product that you bought, should stand behind it. If it doesn’t do what it is supposed to do, they should make good your losses, or at a minimum, refund the profit that they made on selling that piece of crap to you.

Since the only way that they make money is to sell you something, shouldn’t they be responsible for ensuring that what you bought lives up to what they promised it would do?

Change the System
The first change that should be instituted is making the financial industry stand behind what they sell. At a minimum, if something loses value, they should refund the commissions that they all made in selling their garbage to you.

It is Time to Change the Law
It is time to make them responsible for doing due diligence on what they sell to ensure that at a minimum, what they sold you has validity. No one should be allowed to sell you something unless they have done enough due diligence to ensure that it is a reasonable thing for you to invest in, and if they are mistaken, they shouldn’t be allowed to keep the profit they made by selling it to you.

Isn’t that the way that the rest of the world works? Let’s stop this fraud perpetrated upon investors and hold our Advisors as accountable as used car salesmen are accountable.

If someone assures you that what you are buying is a good thing and that it meets your needs, then that person has a responsibility to be right, or at a minimum, to not profit if they are wrong.

It is their responsibility not to sell you a long term bond at a low interest rate if the world is about to have higher interest rates, or vice versa. They are in that business. They are supposed to know. They have all the tools, all the statistics, all the analysts, all the economists. You don’t.

The only information that you have comes from them and from the daily news.

If your advisor is wrong, they should not be taking your money as a reward. They should lose their commission on that sale.

Moderating the Effects of the Next Big Cycle
Now imagine how moderating an influence this would be on the next great wave, the next hot cycle. If the people selling you that overpriced financial instrument had to worry about whether they would have to refund their profit made by selling you something at the top price of the current wave, don’t you believe that they would think twice before convincing you to buy something?

I suggest that as the majority of us have accounts with Investment Advisors, if every person sends their advisor a note saying that if an investment goes down in value, that IA must return his commission to you. What a novel thing to hit them with!

By Larry Cyna

Mr. Cyna is an accomplished investor in the Canadian public markets for over 20 years, and has managed significant portfolios. He is a financing specialist for private and public companies, and has expertise in real estate and debt obligations. He has assisted private companies accessing the public markets, has been a founding director of public companies and continues as a strategic consultant to selected clientele. He is and has been a director, a senior officer and on the Advisory Board of a number of TSX and TSXV public companies in the mining, resource, technology and telecommunications sectors, and the Founding Director of two CPC’s with qualifying transactions in mining and minerals. He was an honorary director of the Rotman School of Management MBA IMC program, has completed the Canadian Securities Institute Canadian Securities Course & Institute Conduct and Practices Handbook Course, was a former Manager under contract to an Investment Manager at BMO Nesbitt Burns, a roster mediator under the Ontario Mandatory Mediation Program, Toronto, a member of the Institute of Corporate Directors of Ontario, a member of the Upper Canada Dispute Resolution Group, and the Ontario Bar Association, Alternate Dispute Resolution section. He obtained his designation as a Chartered Accountant in Ontario in 1971 and was the recipient of the Founder’s Prize for academic achievement together with a cash reward. He became a CPA in the State of Illinois, USA in 1999 under IQEX with a grade of 92%. He is a Member of the Institute of Chartered Accountants of Ontario and the Canadian Institute of Chartered Accountants. He holds certificates in Advanced ADR & in Civil Justice in Ontario, Faculty of Law, University of Windsor, certificate in Dispute Resolution from the Ontario Institute of Chartered Accountants. Previous accomplishments are Manager of Cymor Risk Consultants LP specializing in Risk Management Assessment; CEO of Cyna & Associates specializing in mediation and ADR; Founder & Senior Partner of Cyna & Co, Chartered Accountants, a fully licensed and accredited public accountancy firm with international affiliations; and was a partner in a large public accountancy firm. Mr. Cyna is well known in the Canadian Investing community. He is invited to, and attends presentations given by public companies usually 3 or 4 times each week. These presentations are intended by the various hosting companies to present their inside story to sophisticated parties and Investment Managers for the purpose of attracting funding, or of making parties more interested in acquiring shares of those companies. Being a part of this keeps Mr. Cyna deeply involved in the current market and leads to numerous investment opportunities.

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