On August 1st 2016 the Arbitration Committee of the KWPN has ruled in favour of Schelstraete Advocaten. In this case the client of Schelstraete sold a horse. Several months after the sale of the horse the buyer turned to the seller claiming that there was a hidden shortcoming now that the horse is lame. According to the buyer the horse is suffering from arthritis and a tendon injury.
The client has disputed the statements of the buyer since the horse always performed well. At the veterinary examination which was held at the moment of purchase the horse never showed any signs of lameness nor did it show signs of arthritis or a tendon injury. Furthermore the veterinarians never managed to antedate the arthritis and tendon injury to the moment that the buyer had purchased the horse from the client. Eventually it became evident that there was no proof that the horse was suffering from arthritis and/or a tendon injury at the moment of delivery so that the Court assumed that the horse was free from any hidden shortcomings at that time.
The Arbitration Committee ruled in favour of Schelstraete’s client and rejected the buyer’s claim. The client was represented in the procedure by Mr. B.E.J. Loeffen of Schelstraete Advocaten.
