ELDERLY INVESTOR WRONGED BY SOLICITATION AND SALE OF TENANT IN COMMON INVESTMENTS

Bob Gonser obtained an $845,000 settlement prior to the filing of a Statement of Claim for an 84 year old woman who was poorly advised to invest her assets into two TIC programs as part of a 1031 exchange from the sale of an apartment complex in California she owned and managed for 40 years. Sold under the guise the TIC investments were safe and secure and would provide a steady stream of income in her retirement and protect her principal, none of the inherent risks of these TIC investments were explained to this elderly client who clearly lacked the investment sophistication to understand the complexities and extraordinary risks associated with TICs. When the underlying TIC properties failed and stopped paying distributions, nearly her entire net worth was wiped out. Bob Gonser successfully argued that the TIC investments were unsuitable for her in light of her financial situation, assets and goals at the time of the transaction, and, more importantly, no effort was made to set aside assets to provide for her in the event these TIC investments failed to perform.