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Terms and Conditions
Banking

New MessageTerms and Conditions (modified 0 times) EEC1
Hello,

I am new to this forum and would appreciate if someone could provide me with some assistance.

A friend of mine invested in one of the available global fund in a bank. From the fact that he does not speak English or write English, the financial consultant explained/translated the agreement in Chinese. My friend trusted the consultant and verbally asked the consultant twice to confirm on the rate of return for the investment before signing on the agreement.

Recently he found out that the terms and conditions in the agreement is different from what was verbally explained to him. A complaint was lodged with the bank. However the bank insisted that the agreement should be according to the terms and conditions that he has originally signed on. The bank further explained that they have informed their consultants to be more thorough with their explanation in future.

Question:

Is this a legal blinding contract/agreement, when it is now realized that the terms and conditions are different from what was verbally explained to him. In my opinion, I strongly feel that the financial consultant was not ethical, the explanation was not clear or there might be intention to deceive.

Should the bank be held responsible?

Please advise.

29 May, 2008 23:26:08

New MessageRE:Terms and Conditions (modified 0 times) IQ Legal
In order to prove the bank or its financial advisor had some degree of culpability (fault) you must prove they did not explain what was required. From what you say, they explained to her the details in Chinese, she must prove that they failed to address or explain the risks involved in such an investment adequately and that she asked for such advice. There are other issues as well.

We act as consultants to lawyers throuout Asia. If you find a lawyer and find they are unable to act, ask them to consult with us and we will assist. We are based in Australia.

01 Jun, 2008 09:57:09


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