Yes that's what I thought, if my opponent doesn't agree to a draw and the same position happens again I'll report it as a bug then and see what they say.
Three fold repetition rule
It could also be a system performance issue. To make the button say "claim a draw" if there was a three-fold repetition, say after black move 40, the server would have to compare 80 board positions and do that before it presented the opponents move to you so you would know you could claim the draw. Multiple that by the number of live games going on at once.
As it is now, it only has to check all the previous board positions when you click the "draw" button.
I do like the automatic checkmate. Otherwise the server would have to allow illegal moves. Similar would be when your opponent castles but was not leagally alowed to, moves a piece to the wrong square, etc. That would just be crazy, with folks making ilegal moves hoping you don't notice.
If I remember correctly, in online chess on this site, the "offer draw" click-on changes to "claim draw" when three fold repetition occurs.
The repetition occurs after move 45 is played. Are you sure you offered the draw after having played it ?
EDIT : of course you ought be able to claim it now. I am offering a technical explanation as to why it's impossible, not a moral one.
[...]
If I remember correctly, in online chess on this site, the "offer draw" click-on changes to "claim draw" when three fold repetition occurs.
I can't say I've noticed that. Not arguing - scottrf says it does.
I could swear I've taken advantage of this once before.
No, this would only allow you to claim the draw after you moved anyway because the software requires it to actually appear on the board unlike OTB where you'd claim in advance of your move.
Looks like a bug.