The case revolves around the purchase of a horse by Schelstraete’s client which took place about the 28th of August 2013. After several months the buyer contacted the client stating that the horse has back problems and that the horse was no longer suitable for the dressage sport. The buyer demanded that the client would take back the horse and that the client would refund the purchase amount.
Since the client never experienced any back issues back in the day she possessed the horse and the horse didn’t show any other defects the client was not prepared to just take back the horse. The buyer then decided to go to Court.
To clarify the veterinary issues of the horse the Court decided that an expert opinion was needed. Three professors of the Clinic of the University of Utrecht studied the file and made a report. None of these professors were able to determine that the horse was already suffering from back issues during the sale and purchase so that they concluded that the client did sell a horse which was suitable for the dressage sport.
The Court of Rotterdam ruled on the 18th of May 2017 in favour of the client and rejected the claims of the buyer. The client is entitled to a compensation of the litigation costs.
The client was represented by mr. Schelstraete and mr. Loeffen of Schelstraete Equine Lawyers.