On the 17th of May 2017 the Court of Midden-Nederland came to a final decision in a litigation procedure which was started by the buyer of an Icelandic mare. Schelstraete represented the seller in this case.
The buyer stated that the horse is showing fleeing behaviour, is suffering from a defect on the eye as well as that the horse was afflicted by a gastric ulcer, defects which were not mentioned prior to the purchase. Therefore the buyer requested the client to take back the horse and to refund the purchase price. Since the client was unfamiliar with the conditions of the mare, the client did not answer to the request from the buyer. Subsequently, the buyer commenced litigation against the client.
On the 17th of May 2017 the Court of Midden-Nederland ruled in favour of Schelstraete’s client. According to the Court the fleeing behaviour was neither substantiated nor proven as the buyer only substantiated the behaviour with one event, directly after the purchase. Subsequently she sent messages that her daughter was very happy with the mare and her daughter was training with the mare.
The other alleged claims regarding the eye and the gastric ulcer were rejected on formal grounds before the Court was able to assess the alleged defect. The lawyer of the buyer nor the buyer herself sent a message to the seller in which the purchase agreement was set aside or nullified regarding these alleged defects and after the daughter of the buyer kept training with the horse. Under Dutch law sending such a message or claiming the dissolution or nullification of the purchase agreement is essential. Failing to do so will result in the rejection of all your claims as a buyer and the obligation to pay the Court expenses of the seller. This decision of the Court of Midden-Nederland again underlines the importance of expert legal advice and representation in equine matters. Matters in which we are happy to assist you.
The client was represented in this matter by mr. Schelstraete and mr. Brouwers of Schelstraete Advocaten.