• Subscribe
  • Log In
  • Home
  • Daily Diary
  • Asset Class
    • U.S. Equity
    • Fixed Income
    • Global Equity
    • Commodities
    • Currencies
  • Sector
    • Basic Materials
    • Consumer Discretionary
    • Consumer Staples
    • Energy
    • Financial Services
    • Healthcare
    • Industrials
    • Real Estate
    • Technology
    • Telecom Services
    • Transportation
    • Utilities
  • Latest
    • Articles
    • Video
    • Columnist Conversations
    • Best Ideas
    • Stock of the Day
  • Street Notes
  • Authors
    • Doug Kass
    • Bruce Kamich
    • Jim Cramer
    • Jim "Rev Shark" DePorre
    • Helene Meisler
    • Jonathan Heller
    • - See All -
  • Options
  • RMPIA
  • Switch Product
    • Action Alerts PLUS
    • Quant Ratings
    • Real Money
    • Real Money Pro
    • Retirement
    • Stocks Under $10
    • TheStreet
    • Top Stocks
    • Trifecta Stocks
  1. Home
  2. / Investing
  3. / Stocks

Jim Cramer: The Stock Market Is a Caveat Emptor Institution

But that doesn't mean that it's rigged.
By JIM CRAMER
Feb 02, 2021 | 06:40 AM EST
Stocks quotes in this article: GME, TSLA, AAPL, MSFT, NFLX, AMZN

Rigged. Is the market rigged? Do you know how many thousands of times I have had to answer that question in all of the years I have been doing this?

I hear politicians say it is rigged. I hear regular people say it is rigged. And I hear professionals, all but the biggest, say it is rigged, which leads people to believe that the wealthy do manipulate the market.

And judging by how many people were glad that the reddit-ites and robinhoodies stuck it to the man, the pros shorting GameStop (GME) , I think the notoriety of the institution that is the stock market is about to have another surge.

So let me tell you where I stand. Years ago, when I was a reporter, I covered a crime story in East Texas and found myself having a cup of joe across the street from a place called "the Caveat Emptor" used car company. I laughed because the statement seemed a little oxymoronic because it meant the buyer alone is responsible for quality and suitability of the product.

How in heck would I ever buy a car from a joint called Caveat Emptor?

The answer?

Because I was an idiot? Or because I knew what I was getting into and decided it might be worth the bargain.

It's a bit of both.

The stock market is a caveat emptor institution. You buy a car from Caveat Emptor Motors there is no warranty. You buy a stock, no warranty. It may be worth much less the moment it gets from the lot to your portfolio. Contrast that to a vacuum with a warranty. If that goes down they owe you a new vacuum cleaner. If a stock goes down, you aren't owed anything.

When you put it like that you recognize that the operative term "rigged" makes no sense. A wealthier person has a better chance of doing due diligence and knows more about her suitability. A less wealthier person might not. The less wealthier person is therefore more at mercy of a caveat emptor institution and the stock market is, as it goes, worse at times that that Texas outhouse of a car dealer.

I point all of this out because stocks aren't for everyone. In fact, one of the great draws of the index funds is that it's harder for you to screw up. No, there is no guarantee, but the idea of grouping 500 stocks together is as much about protecting you from the 50 clunkers as it is finding the 50 good ones, or the handful that are responsible for much of the performance: think Tesla (TSLA) , Apple (AAPL) , Microsoft (MSFT) , Netflix (NFLX) , Amazon (AMZN) and a couple of others.

Right now we are seeing a lot of merchandise that is pure caveat emptor: SPACs that all seem to drive off the lot and gain value. Realistic until it isn't. They will eventually become too risky, but not yet.

We have lots of stocks of companies that make no money and some that have no sales. Not as bad as 2000, but certainly nothing comfy. We have lots of people taking out loans for caveat emptor merchandise, which is as stupid as buying a Caveat Emptor car with an auto loan.

And against all of this we have some real clever guys who figured out that the hedge funds, big fat hedge funds betting against GameStop, became too greedy and didn't know when to stop. They are lucky they are still in business.

To me what matters is that you need to protect yourself at all times from anything involving a caveat emptor marketplace. You can diversify. You can have a handful of stocks that you follow and like. You can read the boards, do homework, pay a broker, whatever, whatever makes you more comfortable that you aren't being had.

Nevertheless, if you don't have the resources to be ultra careful and you don't know yourself you could very well get beaten and think that the market was rigged against you.

No, the market is simply a caveat emptor store that you thought was guaranteed by the full faith and credit of someone and protected by the U.S. government. It isn't. As long as you know that, does it matter even if it turns out to be rigged, which I don't think it is?

I make no apologies for defending an institution that has made millions of people millions of dollars. But to defend it as honest is simply to be silly. There are many honest people in it. On all sides. But when there are no warranties, it really doesn't matter and you should presume it's bent unless proven otherwise. Which it never will be. So be careful out there.

(Apple, Microsoft and Amazon are holdings in Jim Cramer's Action Alerts PLUS member club. Want to be alerted before Jim Cramer buys or sells these stocks? Learn more now.)

Get an email alert each time I write an article for Real Money. Click the "+Follow" next to my byline to this article.

Action Alerts PLUS, which Cramer co-manages as a charitable trust, is long AAPL, MSFT and AMZN.

TAGS: Hedge Funds | Short-selling | Investing | Investing basics | Markets | Stocks | Trading | U.S. Equity |

More from Stocks

This Market Might Make Your Head Spin

James "Rev Shark" DePorre
Mar 8, 2021 4:40 PM EST

The rotation out of technology and into 'reopening' plays is driving the deceptive action.

'F' Is for $14

Mark Sebastian
Mar 8, 2021 2:53 PM EST

Ford as some serious FOMO behind it.

I Wouldn't Be Surprised if Palantir Technologies Worked Lower in the Weeks Ahead

Bruce Kamich
Mar 8, 2021 2:40 PM EST

Making recommendations about stocks that are thinly traded or are new issues is always a little 'dicey'.

How Does Dick's Sporting Goods Look Before the 'Big Game'?

Bruce Kamich
Mar 8, 2021 2:05 PM EST

Let take a look at the charts ahead of Tuesday's earnings release.

I'm Not Blowing Smoke With This 'Boring' Trade

Timothy Collins
Mar 8, 2021 1:46 PM EST

Given the rotation away from tech and growth, look for the market to at least make an effort at a breakout push here, taking PM with it.

Real Money's message boards are strictly for the open exchange of investment ideas among registered users. Any discussions or subjects off that topic or that do not promote this goal will be removed at the discretion of the site's moderators. Abusive, insensitive or threatening comments will not be tolerated and will be deleted. Thank you for your cooperation. If you have questions, please contact us here.

Email

CANCEL
SUBMIT

Email sent

Thank you, your email to has been sent successfully.

DONE

Oops!

We're sorry. There was a problem trying to send your email to .
Please contact customer support to let us know.

DONE

Please Join or Log In to Email Our Authors.

Email Real Money's Wall Street Pros for further analysis and insight

Already a Subscriber? Login

Columnist Conversation

  • 11:38 AM EST GARY BERMAN

    The INDU and DIA

    FIBOCALL: The INDU index and the DIA The INDU ...
  • 10:44 AM EST JAMES "REV SHARK" DEPORRE

    This Weekend on Real Money

    "The Challenge of Short-Selling"
  • 08:40 AM EST PAUL PRICE

    Recent Pick SpartanNash (SPTN) Raised Its Quarterly Payout by 3.9%

  • See More

COLUMNIST TWEETS

  • A Twitter List by realmoney
About Privacy Terms of Use

© 1996-2021 TheStreet, Inc., 225 Liberty Street, 27th Floor, New York, NY 10281

Need Help? Contact Customer Service

Except as otherwise indicated, quotes are delayed. Quotes delayed at least 20 minutes for all exchanges. Market Data & Company fundamental data provided by FactSet. Earnings and ratings provided by Zacks. Mutual fund data provided by Valueline. ETF data provided by Lipper. Powered and implemented by FactSet Digital Solutions Group.

TheStreet Ratings updates stock ratings daily. However, if no rating change occurs, the data on this page does not update. The data does update after 90 days if no rating change occurs within that time period.

FactSet calculates the Market Cap for the basic symbol to include common shares only. Year-to-date mutual fund returns are calculated on a monthly basis by Value Line and posted mid-month.

Compare Brokers

Please Join or Log In to manage and receive alerts.

Follow Real Money's Wall Street Pros to receive real-time investing alerts

Already a Subscriber? Login