On January 9th 2014, the Court of Amsterdam gave their final judgement in a case concerning the sale of a three year old Trakehner gelding. This case was started by the buyers of the horse and subject was if a slight remark of the left front leg would make the horse unfit for sport purposes. The seller of the horse was represented by Mr Schelstraete from Schelstraete Advocaten.
The Court ruled that there was no proof of the horse not being fit for sport purposes because none of the medical reports concluded that the horse was unfit to be used in the sport. Moreover, the buyers did not manage to deliver further evidence for the alleged unsuitability.
Regarding the argument of the buyers that they did not know what the meaning was of the ‘+ – normal risk’ as issued by the veterinarian at the pre purchase inspection, the Court ruled that it had been up to the buyers to inform about this before deciding to buy the horse, especially because the pre purchase inspection was achieved under the inspection of the buyers.
This ruling by the Court of Amsterdam once again underlines the importance of the buyer’s duty to investigate the horse if one wishes to invoke delusion or unsuitability of a horse for the purpose for which it was purchased.
