Dealing error - Who's right?

R

RebuyBoy

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Hey guys

I registered to ask a question regarding a dealing error we had last night in live poker cash game.

Dealer and I went to a showdown, and after the hand he remembered he didn't burn the card before dealing the river.

I won as I got the straight, and wouldn't have gotten it if he burned the card like he should have done, as I got the Q I needed, and it should have been burned, the next card (that never saw the light of day) was J.

To make matters more complex, I did notice he hasn't burned the card, and I asked him "Did you burn one card", he said "yeah" and proceeded with the river.

He's not lying, he did really make a mistake and only realized it after the showdown.

His argument is that the hand should be void even though we only realized it's a misdeal afterwards. My argument is that I haven't done anything wrong myself, I just played poker, and the cards were dealt. Out of order, but they were dealt. And it wouldn't be fair to void the hand and take the money away from a player who hasn't done anything against the rules of the game himself - and even warned the dealer he may be making a mistake.

Note it was him who was physically dealing the cards, he wasn't just the button, he did the dealing.

So, which of the three?
1) Hand void, stakes returned
2) I won fair and square, he made the error and should pay for it
3) He should have won because J would be his winning card

Thanks guys :D
 
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Cajin007

Cajin007

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Sounds like a private game.
Keep the money, then walk off the table.
Dealer sounds fishy, and didn't like they were beat.
Best to find a better game.
 
SPANKYSN

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In my opinion, you should win the hand. Yes, a mistake was made, but after the fact is too late. You need look no further than some hands at the wsop main event. A player had pocket aces and the dealer mucked her cards by mistake...she lost the hand.
 
madjek

madjek

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I believe if mistake was noticed before chips were pushed to you, then you lose, Q is burned and hand finishes as it should have, but if chips are in you're pile, it's too late imo, you win. I'm just giving my opinion though, never happened in any live game I've played.
 
Joe

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If you'd raked the chips, the hand is over in my opinion.
 
Serjo600

Serjo600

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Judging by what you write you played without a dealer and the one who was on the button dealt the cards. I think here the first option.
 
Transcendence

Transcendence

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1) hand is invalid, bets are returned

There's nothing wrong with that.
 
R

RebuyBoy

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I did take the chips before he said there's something wrong, so I guess that's it then. Thanks everyone.
 
NCDaddy

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You win the pot. You pointed out the mistake and he declared he didn't make it PRIOR to him dealing the river. Hand stands. The only exception to that is if there is a house rule that says otherwise.
 
fishfood80

fishfood80

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Definitely agree with most on here that the hand is over and you won. Cant go back after the pot is already raked in. Even in a card room if a dealer makes a mistake and mucks your hand for example your hand is dead. I'd like to know what the dealer would have said if the roles were reversed and he won the hand.
 
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