In November 2020, our client purchased a horse for €22,000. Shortly after delivery, the horse developed serious health issues, including gastric ulcers and inflammation of the small intestine. The condition deteriorated to such an extent that the horse ultimately had to be euthanized. This resulted in a legal dispute over whether the horse complied with the purchase agreement at the time of delivery.
First instance: claims of hidden defects rejected
In the court of first instance, our client sought:
- rescission of the purchase agreement
- partial repayment of the purchase price
- damages
- reimbursement of extrajudicial collection costs
These claims were rejected. The court held that the transaction did not qualify as a consumer sale. Following this decision, our client filed an appeal.
Court of appeal: consumer protection applies
The court of appeal reached a different conclusion, ruling that the transaction did qualify as a consumer purchase.
Key factors included:
- VAT was charged through an invoice
- the sales agreement featured the seller’s company logo
As a result, the statutory presumption of non-conformity applied. Since the horse’s health problems manifested within six months of delivery, it was presumed that the horse did not comply with the agreement at the time of delivery. The seller failed to prove otherwise. Consequently, our client’s claim based on mistake (error) succeeded.
Key takeaway: burden of proof on the seller
This judgment highlights the importance of consumer protection in cases involving hidden defects that arise shortly after purchase.
In such situations:
- the burden of proof lies with the seller
- the seller must demonstrate that the product was compliant at delivery
In this case, the seller could not provide such proof. The court therefore ordered:
- repayment of the purchase price
- reimbursement of costs
A strong result for Schelstraete Equine Law
We congratulate Irma Uwe-Ntukabumwe on this well-deserved victory. Her determination and dedication reflect the high standards and expertise of Schelstraete Equine Law in the equine sector. Do you need legal advice or representation with a horse purchase or a dispute involving hidden defects? Please contact our equine lawyers today to see how they can assist you.
About Schelstraete Equine Law
Building on more than 40 years of experience and excellence, our equine lawyers and solicitors provide strategic, cross-border legal services that uphold integrity, innovation, and professionalism.
Our expertise spans the full spectrum of the equine and sports industries, enabling clients to operate with confidence in a fast-evolving international environment. Schelstraete Equine Law is the international equine law firm of choice for cross-border transactions, FEI and CAS tribunal representation, and complex equestrian legal matters.
Our team operates from offices in the Netherlands, the United States, the Middle East, France, and the United Kingdom, serving clients across 50+ countries.
With our deep industry insight and global presence, our experienced equestrian solicitors and lawyers are here to support you in navigating the dynamic world of equine and sports law.
