Schelstraete Equine Law recently successfully argued in favor of our client in the case of a horse purchase dispute. Read the article below for more information.
The Case: Horse Purchase Dispute
Our client purchased a horse for their daughter with the intention of competing in equestrian sport. After the horse was delivered to the clients in Canada, the horse began showing symptoms of shivering disease, a neurological condition that severely affects a horse’ movement and performance.
Because of this condition, the horse was unsuitable for the intended use under the purchase agreement. The clients therefore sought to annul the purchase.
Consumer Protection in Equine Sales
On behalf of the client, Katrien Beelen of Schelstraete Equine Law successfully argued that the transaction qualified as a consumer purchase under Belgian Law.
The horse showed a defect within two year of delivery, meaning the seller remained legally liable for the non-conformity of the horse with the purchase agreement.
Judgement of the Antwerp Court of Appeal (BEL)
The Antwerp Court of Appeal agreed with the clients’ position.
The court ruled that:
- The horse suffers from an incurable medical condition.
- The disease prevents the horse from functioning normally for its intended purpose.
- As a result, the horse does not conform to the expectation of the purchase agreement.
Horse Purchase Agreement Dissolved
The Court ordered that the purchase agreement be dissolved and required the seller to repay the full purchase price to the clients.
This judgement confirms that sellers can be held liable when a horse develops a serious medical condition within the statutory liability period and cannot perform the purpose for which it was purchased.
Do you have a dispute regarding the purchase or sale of a horse?
Equine transactions often involve complex legal and veterinary issues, especially when a horse turns out to be unsuitable for its intended use. Our equine lawyers and in-house veterinarian have extensive experience assisting buyers, sellers, and professionals in international horse sale disputes.
If you are facing a similar situation, our equine lawyers are ready to advise you on the available legal options.
Contact us today to discuss your matter with an experienced equine lawyer.
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.
If you operate in the internationale equine sector and seek specialized legal advice, please contact us at info@schelstraete.com to discuss how we can assist you.
