One of the big pitfalls when you, as a horse seller, have to fill out the purchase contract in a horse trade occurs at the point of "delivery".
Let's start by establishing one thing – the risk is transferred upon delivery.
As consumers, we are used to the fact that if we have ordered a new TV for delivery to our home address, we do not accept receiving a TV with a broken screen because it broke during transport. In principle, the deal was already final when we ordered and paid for the TV, but because delivery to the home address has been agreed, the seller bears the risk of the TV until it is delivered to the home address.
The Danish Sales Act applies in exactly the same way, even if the object of sale is a living animal, for example a horse. This presents challenges, as a horse, unlike a TV, can easily become ill, injured or even die, from one second to the next, without anyone being to blame.
When a horse sale is declared final, after the horse has passed the vet check, the money has been transferred and the contract has been signed, most private sellers will probably assume that the risk for the horse has also passed to the buyer from that day. However, this does not have to be the case, it depends on what is filled in under the item "delivery"!
It is often seen in horse trades that if the deal is closed on a weekday, the horse is not collected from the seller until the weekend. In these cases where the horse is not collected on the same day as the deal is closed, the seller should write in the contract that the horse will be delivered to the seller's address on the day in question, when the deal is declared final. At the same time, the seller can offer that the horse can remain without payment for stabling, until, for example, the coming weekend.
If you as a seller want to be even more protective, you should also write what cost price the seller will settle per day if the buyer neglects to pick up the horse. If you as a seller have offered to transport the horse home to the buyer, this can also be added to the contract, but should be worded so that the word "delivery" is not used in this context.
No horse transaction is the same, and individual agreements are always made between buyer and seller. If you, as a seller or buyer, want to ensure that the purchase contract that is entered into will also have the legal consequences that you imagined, it is a good idea to have a lawyer draft the contract or review it.
For questions about horse law, contact us at phone 82828242 or email info@paragrafadvokaterne.dk
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