Equine law

Sometimes. It depends on what was agreed at the time of sale about the intended use and the health of the horse, on when the defect arose and on whether you complained to the seller in good time.

If the horse does not conform to the contract, depending on the situation you can claim rescission of the sale, a price reduction or damages. Report the defect in writing as soon as possible and keep all veterinary records.

Not necessarily. A clear vetting does not mean that the seller is no longer responsible for anything. The vet who carried out the vetting may also be liable if they missed a finding that a reasonably competent professional would have spotted.

We obtain the vetting report and X-rays, have them independently assessed and discuss with you whether a claim against the seller, the vet or both has a good chance of success.

Yes. Under German law, too, the buyer has rights if a horse has a defect. Which law applies depends on what was agreed and on whether you bought as a consumer or as a business. Within the EU, a judgment can also be enforced in the other country.

Because our firm includes Rechtsanwälte, we handle such cases in both countries from a single file. Please note: the time limits for complaining can be short.

For an initial assessment of your case and the first letter, we agree a fixed fee in advance. So you know where you stand from the outset. After that, we discuss where the case stands and what the next step will cost, in advance and in writing.

With a clear written sale agreement. Set out in it the use for which the horse is being sold, which vetting was carried out and which findings are known, when the risk passes and who is responsible for transport, passport and certificates.

In addition, make an express choice of the applicable law and the competent court. We draft standard contracts tailored to your trading practice and to the countries in which you sell.

In many cases, a yard owner may retain the horse until the outstanding livery fees have been paid. This is known as a right of retention (retentierecht). During that period, you remain responsible for looking after the horse properly.

You may not simply sell the horse to recover the debt; as a rule, that requires a judgment or court intervention. Take advice before you act.

Yes. We assist riders, owners and other parties in disciplinary proceedings before the KNHS (the Royal Dutch Equestrian Federation), the German FN and the FEI, and in disputes over sponsorship agreements and competitions. Our specialists are active in the sport themselves and know these organisations from the inside.