Securities Fraud: State and federal laws prohibit any person from selling securities by means of any fraudulent scheme, material misrepresentation of fact, or any other practice that operates as a fraud or deceit upon the buyer. A broker will generally not be liable for losses caused by reasonably-given advice, even if the advice turns out to be bad. However, if a broker acts negligently, or intentionally misleads his customer either by affirmative misrepresentations or omissions, he or she can be held responsible for all the damage caused by his/her misconduct.