In 2013 Schelstraete’s client sold a horse to a buyer based in the U.S.. After delivery to the buyer the horse showed resistant behaviour. The buyer therefore stated that the horse did not comply to the agreement. Our client contested this after which the buyer summoned the seller to court. In Court the buyer claimed a refund of the purchase price and compensation for the damages she suffered.
After assessing the evidence the Court decided that the horse did comply to the agreement at the moment of purchase and that the horse did possess the qualities which the buyer may have expected based on the agreement and therefore Schelstraete’s client had fulfilled her obligations of the agreement.
The Court has dismissed the claims from the buyer and ruled that she was to compensate the costs of the procedure.
The Client was represented by Mr. L.M. Schelstraete and Mr. V. Zitman.