1 July 2015

Cancel contract horse

Category: Buying a horse

As equine lawyer I often receive complaints on horse transactions with problems on the condition of the horse discovered after delivery. In order to cancel the purchase agreement of the horse on the ground of error it is crucial to exclude the possibility that the condition is a trauma or decease caused after the sale. The statement of a vet to confirm this may be necessary. Furthermore you may wish to underpin that the condition discovered after the sale has an substantial influence on the performance of the, especially if it’s a sporthorse. It may also be the case that although you can still use the horse you don’t want a horse with such a condition (an old trauma, a congenital disorder or genetic desease) and you therefor wish the cancel contract of the horse. Also check the blog: sale of horse with injury.

Notification to seller of the condition/inhurt of the horse

Upon discovering the condition this should be notified to the Seller immediately. The quicker this is reported upon delivery the more the Seller may be inclined the undo the transaction with the horse is my experience as equine lawyer. The notice may be followed up by a notice of default and summons to the seller that he will be held liable for the defect in the horse. Possible remedies for the Purchaser of the horse under Dutch law are:

Annulment

Please note this comprises a high burden of proof that the horse has a severe shortage.

Partial annulment of the agreement.

This could lead to a possible deduction in price of the horse.

Termination due to non conformity of the horse.

Based on the presumption not having complied with the agreement when a severe shortage or fault arises after delivery (and this is not

– Subsequently, to address the vet on basis of wrongful act and hold liable for damages.

High burden of proof of exisiting injury

Cancel contract sporthorse because of eye condition of the horse?

Cataracts can be a cause for concern when a horse is examined for purchase by a vet, partly because they may have been previously undetected. Most knowledgeable owners have a pretty shrewd idea of their own horses’ defects. Even so, there is often a sigh of relief when the eyes are declared to be clear at a vetting, simply because the inside of the eye can be one area that remains a mystery. It is very difficult to assess a horse’s vision. Currently vets can only detect the most major visual impediments in horses, due to the crudeness of the tools we have available. When in doubt always consult an experienced vet.

Protection consumers buying a horse in the Netherlands

When the purchaser is a consumer he also enjoys elaborate protection in the Netherlands. Also read: buying a horse in the Netherlands. When the horse does not seem to live up to the contract, the legal presumption in Dutch law is that the defect was already existent at the time of delivery when this defect manifests itself within a period of six months after delivery.