The horse turns out to be unsound: when can you still undo the sale?
An X-ray that shows something other than expected, weeks after delivery. Your position depends on three things.
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It happens more often than buyers expect: a few weeks after delivery, a horse goes lame or a new X-ray reveals something that was not known at the time of purchase. The first question is then usually whether the sale can be undone. The answer essentially depends on three things: what was agreed, when the defect arose and whether you raised the alarm in time.
1. What was agreed?
A horse must conform to the contract. This means it must have the qualities you were entitled to expect on the basis of what was agreed. If the horse was bought as a sport horse for a particular level, you may expect more than you would of a leisure horse. Agreements on the intended use, a pre-purchase examination and any warranties therefore largely determine your position. If those agreements are not in writing, emails, advertisements and messages often become the most important evidence.
2. When did the defect arise?
In principle, a seller is only responsible for defects that already existed at the time of delivery. With a living animal, that is difficult to establish: an injury may also have occurred after delivery. For consumers buying from a professional seller, there is a statutory presumption that a defect which becomes apparent shortly after delivery was already present at delivery. For live animals, that period is shorter than for other goods, namely six months. Between two private individuals or two businesses, the presumption does not apply and the buyer must in principle prove that the defect already existed.
3. Did you complain in time?
The buyer must notify the seller within a reasonable time after discovering the defect that the horse does not conform to the contract. For consumers, notification within two months of discovery is in any event considered timely. If you wait too long, you may lose your rights, even if the defect itself is established. Record your complaint in writing, therefore, and keep all veterinary documents.
What can you claim?
Repair or replacement is rarely a realistic option with a horse. The issue is therefore often a price reduction or rescission of the sale, in which the horse is returned against repayment of the purchase price. Rescission is not available for a defect that does not justify such a far-reaching step. Damages may also come into play, for example for veterinary fees and livery costs.
And if the seller is in Germany?
German law also has rules on non-conformity, notification periods and a presumption in consumer sales, but the details differ. Which law applies depends on the agreements made and on whether you are buying as a consumer or as a business. Have this assessed early on, because it also determines which time limits apply.
Practical advice
If in doubt, have a second, independent vet examine the horse promptly, request the pre-purchase examination report and X-rays, and take no irreversible steps, such as selling the horse or having it operated on, until your position is clear.
This article contains general information and does not constitute legal advice. Legislation and case law may change, and the outcome always depends on the circumstances of your situation. For advice on your matter, please get in touch with us.
