Successful Rescission of Dressage Horse Purchase Agreement

Schelstraete Equine Law successfully represented its client in a dispute concerning a misrepresentation horse sale case. The case has now been confirmed on appeal, with the Court of Appeal fully upholding the earlier judgment in favor of our client.

The dispute concerned the purchase of a horse from a renowned dressage stable. During the pre-purchase examination, certain abnormalities were visible. Nevertheless, a positive purchase recommendation was issued, partly based on the seller’s statement that the horse had only been under saddle for three months.

That statement proved to be incorrect.

Incorrect Information Regarding Training and History

After delivery, the horse frequently showed irregular movement and tension in the back and neck.

The client subsequently discovered that:

The horse had previously been offered for sale by a well-known Grand Prix rider
The horse had therefore been under saddle significantly longer than represented
The horse had participated in a studbook inspection
The inspection report included a negative assessment of the horse’s walk

This information had not been accurately disclosed by the dressage stable.

Further veterinary examinations revealed that the horse suffered from a serious abnormality in the lumbar vertebrae and was unsuitable as a riding horse.

Court Ruling: Misrepresentation in Horse Sale Justifies Rescission

Our client rescinded and terminated the purchase agreement based on misrepresentation.

The Court held that:

The statement that the horse had only been under saddle for three months was materially relevant
The examining veterinarian would have conducted further investigation had the correct information been provided
The incorrect information regarding the studbook inspection was equally significant
The seller had withheld essential information

The Court concluded that, had the buyer been properly informed, she would not have entered into the purchase agreement.

The judgment ordered that:

The dressage stable must take the horse back
The full purchase price must be repaid
Damages suffered by the buyer must be compensated

This ruling has now been fully confirmed by the Court of Appeal.

Legal Significance: Transparency in Horse Sales Is Essential

This case highlights the importance of full and accurate disclosure in horse transactions.

In cases involving misrepresentation in horse sales, relevant factors may include:

Incorrect statements about training duration
Failure to disclose prior sales attempts
Withholding studbook or performance evaluations
Undisclosed veterinary abnormalities existing at the time of sale

If essential information is withheld and the buyer would not have concluded the agreement under accurate circumstances, rescission or termination of the contract may be legally justified.

For sellers and professional stables, transparency is not optional: it is a legal obligation.