WE NEED THE COUNSELOR TO EXPLAIN THE FUNTIME BAHAMA LEGALITY

[Locked in with pace]

THIS SITAUTION IS A MESS. LEGAL ISSUES EXPLAINED??

[The Exporter]

Absolutely. What say you, Counselor?

[Kirby's Ace]

Not A Lawyer but I think they're F--ked. The old buyer beware. jmo

[Third Over]

There's no warranty or guarantee accompanied with a bill of sale or receipt when buying racehorses or any high risk investments, the buyers due diligence of vetting, bloodwork, research and risk assessment is all we got when buying privately..

[Frankie T]

There's no warranty or guarantee accompanied with a bill of sale or receipt when buying racehorses or any high risk investments, the buyers due diligence of vetting, bloodwork, research and risk assessment is all we got when buying privately..

It is going to depend on who knew what when. If the testing was done before the sale and the original owners knew they had given the horse a PED, there is clear fraud.

[The Exporter]

I would be perusing a fraud case. The EPO or what ever drug was given to have the buyer believe the horse was something he is not. The horse was purchased as a racehorse. He is now unable to race the horse because of the fraud was found out 5 days prior to the race but not disclosed to the buyer.
 There are other frauds committed here , I would believe.
 The Racing commission knew of the positive drug test but did not inform the buyer. Don't they have a duty to protect all?
There are cards to be played.

[In It Deep]

Racing Commissions are only obligated to inform a new ownership under the rules of a claim.  Private or Public auctions are not the jurisdiction of the racing commissions in terms of providing buyer's information.  A buyer spending any denomination, has the right an obligation only to themselves to test, vest, and determine if they want to take on someone else's project, headache, or reject.

[In It Deep]

If liability is co-shared this is borne by the seller, its agent, and sales company or online site providing the horse for public sale. The problem is we allow sales companies to dictate ancient sales language and terms that does not apply or is accepted practice in any other legitimate industry.

[clearmind]

The fact that the horse was given an illegal substance would void the sale.

Easily said but if it goes to the courts it would be a long  process and then what do you do with the horse ?

[In It Deep]

This is true. So its safe to safe that if the sale isnt voided. The cost of a useless purchase has become double in value.  Very stupid on the seller's side.

[clearmind]

Sometimes the adage that possession is 9/10th of the law works against you.

[wizardofoz]

Pollock has plenty of dough. Harris probably knew the reputation of the trainer. Pollock is quite naive to spend a huge amount on any horse from any trainer and not suspect foul play. He should have done a more extensive blood test before the purchase to rule out ANY illegal substances in the horse instead of rushing to have a PACE contender 3 weeks later. Stupidty is not a defense in court.

[clearmind]

The window to detect DPO is 24 hours. So a blood test would of been a waste of $$$.

In law everything starts with " Would a reasonable man..."

[GETSOME]

If the AGCO allowed the horse to race after being given notice from the lab of a positive sample, this clearly contravenes their "..for the welfare of the horse" mandate.

The AGCO regulates the conduct of horse racing at Ontario’s licensed racetracks through the Rules of Racing for Thoroughbred, Standardbred, and Quarter Horse breeds, exercising authority for the overall governance of horse racing in Ontario. The AGCO also licenses and regulates individuals and businesses involved in the horse racing industry, including processing applications from racing participants and for racetracks and teletheatre locations and conducting due diligence reviews and investigations of applicants. Lastly, the agency promotes safety and consistency for horse racing participants and equine athletes.

The AGCO ensures compliance with the Rules of Racing by having Race Officials present to officiate races and investigating alleged rule infractions.  The AGCO supports the health and welfare of horses and horse racing participants by conducting out-of-competition drug testing and inspections to ensure appropriate use of therapeutic drugs. The AGCO also collaborates with the Canadian Pari-Mutuel Agency (CPMA) who oversees the post-race equine drug testing program to prevent the misuse of equine drugs.  The AGCO conducts inspections and/or investigations of positive tests, and subsequently holds reviews in order to determine penalties as per the Rules of Racing.

[Late to the Paddock]

My spouse is an attorney. Lawsuit for fraud, misrepresentation, interference with business, breach of warranty, and breach of contract.  In the meantime, I hope Funtime is ok and being taken care of properly.