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DuffyDuck 05-27-2013 06:17 AM

Horse law in Germany
 
Currently in Germany with a horse that has just been found to have a broken bone in the hock.

Any one with any advice as to how I can now go about this, as I bought him from a dealer 10 1/2 months ago, greatly appreciated.

Lawyer costs will be provided by my insurance, and the dealer was phoned by my father (fluent German speaker) on Friday, she wished to have the xrays sent to review and said she would be in touch Tuesday (tomorrow).. likely!

Contract signed was the FN Oct 2011 copy, she has ticked 'ohne krankheit' without illness.

There is reason to believe that she may have known about the injury prior to my purchase.

Taffy Clayton 05-27-2013 07:40 AM

A lot can happen in 10 1/2 months. Don't see where you have a leg to stand on. I am sure you got a PPE, did you not?

DuffyDuck 05-27-2013 08:04 AM

Naturally, and he passed the one on Wednesday. Different laws in Germany, just need some clarifications ;)
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deserthorsewoman 05-27-2013 10:35 AM

I'll make myself smart, not sure for how long you have the guarantee. Brb

DuffyDuck 05-27-2013 10:37 AM

Normally it is 6 months private to private, and 12 dealer to private... as she deals, this is where I have her over a barrel... but someone said it is now two years??

Waiting for a phone call tomorrow, but I doubt it will be pretty.
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deserthorsewoman 05-27-2013 11:02 AM

It is 2 years, but courts like one year better for a "used item".
You have to provide proof, have to give her a chance to fix it, like take horse in for cure or give you another.
If there are no results with the above measures, you can demand part of the money back for a smaller problem or give horse back and have seller pay for losses, like board, transport and such.

http://www.kanzlei-raupers.de/pferde...erdekaufrecht/

The above is only one of many sites. Google "Pferdekaufrecht Gewaehrleistung"

In your case, unless you can 100% prove the problem existed and she knew, I would try to settle privately. And think hard about what you would gain should you win. Talk to a specialized lawyer. Good Luck.

4horses 05-28-2013 01:45 AM

I agree. A lot can happen in 10 1/2 months. If he passed the pre-purchase exam I'm not sure you have anything that can definitely prove the seller had anything to do with it.

My friend sold a horse. The dealer took the horse back a month later with a broken hock. She said my friend sold her the horse that way. I have a hard time believing that as it was a horse I rode all the time and there is no way he had a broken hock. My friend took the horse back because she had raised him from a foal and was attached. Not sure what they did about the purchase price.

One bad step in the field, one kick by another horse is all it would take. Unless you did X rays within a week after purchase it would be Very Hard to prove. If you are dealing with an older injury, for all you know he was sold to the dealer that way and the dealer didn't know either!

faye 05-28-2013 08:01 AM

Duffy, this isnt your lovely little lad is it?
I've no idea about German horse law but is it possible that he could have done it in the field or in a lorry?
You can age a fracture by how much it has healed.

DuffyDuck 05-28-2013 08:23 AM

It is older, possibly from foal age, possibly older. Dealer is being friendly at the moment but she would like her vet to take a look at the xrays which I have sent.

It is my lovely boy. We are astounded that he has had no lameness issues, tenderness, swelling etc.

But the dealer is also aware of the laws as she also had no idea and will be in touch with the breeder who she bought him from. The plot thickens, but we have a few probable theories as to why his price was so slow to start with
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faye 05-28-2013 08:36 AM

Duffy, If he has had it a long time it realy doesnt suprise me that he never showed up as lame.
Reeco never had a day lame and he was working with a fractured pelvis that had reopened.

We think Reeco had had it such a long time that he was so used to the level of pain he was in!


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