Voided Claims

[ultracapper]

How does this work?

Does the vet look over the claimed horse, find something wrong, and then void the claim? or

Does the vet look over the horse, report to the buyer, and then the buyer has the choice to void the claim?

Thanks in advance.

[ultracapper]

Just wondering. If the vet comes back with something wrong with the claimed horse, can the buyer still insist on claiming the horse? Does the buyer have no choice in the matter if the vet says he found something wrong with the horse? Is the claim automatically voided?

[Stillriledup]

I think in calif the way it works is you can sign a waiver before the race saying you want the horse no matter what. If you don't sign, I think the vet makes the decision and whatever they say goes.

I'm not sure if the new claimant can find out what's wrong with the horse and then decide, I think you have to decide before the race. I also don't know if different states have different rules.

[ultracapper]

Thanks SRU. Right or wrong, I didn't even think of that scenario.

[johnhannibalsmith]

a) Title to a horse which is claimed shall be vested in the successful claimant from the time the field has been dispatched from the starting gate and the horse becomes a starter; and said successful claimant becomes the owner of the horse unless voided by the stewards under the provisions of this article. Only a horse which is officially a starter in the race may be claimed. A subsequent disqualification of the horse by order of the stewards or the Board shall have no effect upon the claim. (b) The stewards shall void the claim and return the horse to the original owner if: (1) The horse suffers a fatality during the running of the race, dies, or is euthanized before leaving the track, or (2) The racing or official veterinarian determines the horse will be placed on the Veterinarian's List as unsound or lame before the horse is released to the successful claimant. (c) The stewards shall not void the claim if, prior to the race in which the horse is claimed, the claimant elects to claim the horse regardless of whether the racing or official veterinarian determines the horse will be placed on the Veterinarian's List as unsound or lame. (1) An election made under subsection (c) of this rule shall be entered on the form CHRB-11(Rev. 8/13) Agreement to Claim, in accordance with section 1656 of this article. (d) The claim shall be void if the race is called off, canceled, or declared no contest in accordance with Rule 1544 of this division. NOTE: Authority: Sections 19420 and 19440, Business and Professions Code. Reference: Section 19562, Business and Professions Code. HISTORY: 1. Amendment filed 11-22-06; effective 12-22-06 2. Amendment filed 10-04-11; effective 11-03-11 3. Amendment filed 4-07-14; effective 7-1-14

Edited for a citation in case it isn't apparent (CHRB Rules) and to apologize for ugly block of text but too lazy to screenshot and upload.

[ultracapper]

Well done SRU. JHS confirms your speculation.

Thanks JOHNHANNIBALSMITH. I appreciate the help.

[green80]

These rules vary from state to state.