WARRANTIES AND LIABILITIES WHEN BUYING & SELLING HORSES
A horse is only free of material defects if it has the (verbally or in writing) agreed condition or the usually assumed characteristics at the time of (risk) transfer to the buyer.
Material defects in horses can basically be divided into
- health defects (defects of the bony or soft tissue structures, epidemic diseases, etc),
- defects concerning the riding qualities (e.g. suitability for dressage, jumping, etc), and
- character defects (vices) and
- behavioral abnormalities (behavioral stereotypes such as hitting the walls of the stall or weaving).
If a defect has occurred in the purchased horse, the buyer of the horse should carefully plan the further course of action against the seller with the help of legal advice and execute it in compliance with the legally or contractually stipulated deadlines.
On the other hand, it is essential for the seller of the horse to take out the best possible (contractual) protection against any warranty and damages issues that may arise in connection with the sale of the horse.
If the seller is a horse dealer, he should use “standard horse sales contracts” within the scope of his entrepreneurial activity when selling horses, which are individually adjusted to his activity and needs and give him maximum protection against claims of dissatisfied customers.