How would you have settled this selling dispute?

[shortstuff99]

An interesting case has just been settled in the Dutch courts regarding the sale of a KWPN colt for €300,000. On delivery of the horse it was noted he had string halt which appeared to have developed between the sale and the delivery. After 6 years it has finally settled in the buyers favour. https://eurodressage.com/2021/05/03/andresen-wins-appeal-6-year-legal-battle-over-handsome-o

How would you have settled it? I am guessing that because she had yet to have delivery of the horse it was a defect and could be returned and I can see why she wanted her money back!

 

[DabDab]

No idea about the legal aspect, but how does that happen medically speaking - sudden onset of stringhalt?

 

[ycbm]

Wow, that isn't "just" stringhalt, though. It's really, really extreme. I would be guessing that the horse must have injured its spinal cord in transit, because there's no way that could have passed any sort of inspection.

The refund depends on who owned the horse at the time it was injured, I guess.



ETA the article says she had him a week before the stud he was sent to told her he had stringhalt. You couldn't miss that as it got off a lorry, so I'm not surprised the seller fought it and I am surprised she has won her case.
.

 

[Mrs. Jingle]

That is one of the most pronounced cases I have ever seen. I could not work out what the timescale was from auction to delivery, what time span are they saying it took for this to appear can someone explain to me, I am probably being a bit dense here.

 

[ycbm]

According to the article, she bought it at the auction. She had it delivered to the stud where it was to stand. A week after its arrival, they told her it had stringhalt.

I'm very surprised she won this case, it doesn't seem quite fair. You can't miss that for a whole week!
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[SEL]

This mentions damage to vertebrae. Can't work out timeline https://www.eurodressage.com/2015/0...althy-2015-kwpn-licensing-champion-handsome-o

 

[SEL]

According to the article, she bought it at the auction. She had it delivered to the stud where it was to stand. A week after its arrival, they told her it had stringhalt.

I'm very surprised she won this case, it doesn't seem quite fair. You can't miss that for a whole week!
.

Looks like there were a few appeals before she won. ...

 

[Cutgrass]

Sounds like a nightmare and leaves me wondering what happened to the poor horse.

 

[Mrs. Jingle]

Sounds like a nightmare and leaves me wondering what happened to the poor horse.

That was my first thought also - I doubt we will ever know its final outcome sadly.

 

[Nicnac]

Significant health issues, damaged vertebrae and stringhalt in 2015 article which were noticed immediately upon arrival at stud. Poor horse and she's absolutely right to have fought it. I'm pleased she won.

 

[Mrs. Jingle]

One would assume with buying a horse at this level it would go to auction with a very stringent vet cert, plus numerous xrays etc.?

Seems a bit odd if that is the case - between all those health checks (assuming this was the case) and arriving at new owners it has morphed into a broken down youngster with more than one significant health issue?

 

[ycbm]

Significant health issues, damaged vertebrae and stringhalt in 2015 article which were noticed immediately upon arrival at stud. Poor horse and she's absolutely right to have fought it. I'm pleased she won.

I am, it was a week before the stud told her, so when did it actually happen? I feel sorry for the seller. At a stud, it smacks of an accident during natural covering or semen collection to me.

"Almost a week after Handsome O’s arrival at Katrinelund, Andresen was informed by stallion keeper Ib Kirk that her horse showed a deviating step to the right hind leg."

 

[splashgirl45]

sounds like he had an accident in transit, i am surprised the buyer won...wonder who was responsible for transporting him.

 

[Flyermc]

I wonder if the seller can/will appeal again?

 

[shortstuff99]

Even though it probably occured during transit, and is a living being, I wonder if it came under the if a fault occurs within a certain time frame it is classed as having been there from purchase?

It sounds very complicated which is why i guess it took 6 years and multiple appeals!

 

[blitznbobs]

Some top auctions sell with a warranty - and with a full vetting if it was missed then it may be seen as misrepresentation

 

[SO1]

There is no way that could have been missed at auction, the horse must have been sound when sold and had an accident at some point between being at auction and the stud realising something was wrong.

I would have thought that if you buy a horse and it then it is injured between you purchasing it and it arriving then unfortunately that is your problem.

I am very surprised that the buyer won this case, she must have been very certain that that the it was a pre-existing condition not picked up at vetting. I suppose it depends if there was a warranty and that the warranty guaranteed that the horse left the yard sound and that they could prove that there was no accident in transit.

 

[AUB]

Sounds like a nightmare and leaves me wondering what happened to the poor horse.

He is in training in Denmark and being ridden as the string halt only shows in walk and transitions. But obviously that also makes the horse not fit for purpose. He was to be licensed in DWB and be a future star for her daughter.

 

[ycbm]

"In training"? For what?
.

 

[ycbm]

Can anyone think of a non-suspicious reason why it was "almost a week" before the stud he went to told her? They didn't just chuck a €300,000 horse out in the field to chill for a week, did they?
.

 

[CanteringCarrot]

Would really love to see the details of this case. So many questions.

 

[conniegirl]

Can anyone think of a non-suspicious reason why it was "almost a week" before the stud he went to told her? They didn't just chuck a €300,000 horse out in the field unless at to chill for a week, did they?
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Stable based quarantine?

 

[AUB]

There is no way that could have been missed at auction, the horse must have been sound when sold and had an accident at some point between being at auction and the stud realising something was wrong.

Actually one of the auction vets wrote their doctoral dissertation in string halt, proving that it can be hidden for 80-90 days with botox.

 

[photo_jo]

You can see a video of him on the internet at the grading, search Handsome O, Johnson, Rousseau and it will come up, interesting watch

 

[MuffettMischief]

Can anyone think of a non-suspicious reason why it was "almost a week" before the stud he went to told her? They didn't just chuck a €300,000 horse out in the field to chill for a week, did they?
.

where have you read that? In the first article it says he was delivered late at night and then they noticed the next day

 

[ycbm]

where have you read that? In the first article it says he was delivered late at night and then they noticed the next day

In the first article pointed to on this thread. It's been changed. It originally said "nearly a week".
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[Meowy Catkin]

Maybe it's been changed at the request of the owner because the original wording was incorrect? It certainly wouldn't be the first piece of inaccurate journalism if that was the case.

ETA - from the link to the full legal report on the Euro Dressage article, translated into English.

2.19
It has been established that on Tuesday 17 February 2015 [respondent2] personally transported [the horse] from Purioso Hoeve in to Katrinelund in Denmark with his own truck. He arrived there around 8:00 PM. According to the testimony of [C], an employee of Katrinelund, [the horse] was unloaded by her and immediately placed in a box by her. The box was located approximately 5 meters from the truck. Afterwards she observed [the horse] together with [D] for an hour. In doing so, they did not observe any particularities. Also the next morning she saw [the horse] standing in the box and saw no details. Later that morning she saw [the horse] walk past her by the hand of a stable worker and then lift his hind legs high.

 

[ycbm]

Maybe it's been changed at the request of the owner because the original wording was incorrect? It certainly wouldn't be the first piece of inaccurate journalism if that was the case.

I expect so. It certainly changes the whole picture.

 

[splashgirl45]

in the sales video they didnt walk him at the beginning he went straight into a very big trot and he only walked at the very end and both his hind legs looked very active, nothing like the later video from the new owner. very interesting

 

[Goldenstar]

Poor beautiful boy what will become of him .