As a small twist to my previous article: “Horse Seller – Are you selling privately or as a business??”, we have the exception called the mediation rule.
If you are a private individual and you choose to put the horse in a sales stable and let a sales stable handle the sale of the horse, you should be aware that from a legal perspective the transaction will be considered a consumer purchase due to the mediation rule in Section 4 a, subsection 2 of the Danish Sales Act: "Consumer purchases are also considered purchases from non-commercial entities, under the same conditions as mentioned in subsection 1, if the purchase agreement is concluded or brokered for the seller by a commercial entity."
The intermediary rule means that if a private individual lets a professional handle the sale of the horse, it will be a consumer purchase if the buyer of the horse is a private individual. Even if you are a private seller, you are equated with a commercial seller due to the presence of a professional intermediary, which distorts the relationship between the parties, as the buyer's experience of the process will be that of dealing with a commercial entity.
The intermediary of the purchase, the professional, must have actively participated in the conclusion of the purchase, for example by participating in the negotiations, including price, terms, etc. If you, as a private seller, have only had a professional present the horse, but you have also advertised the horse for sale yourself and handled all contact with the buyer, it is possible to circumvent the intermediary rule, even if the horse is presented by a professional.
If you have any questions about buying and selling horses, either for private or commercial use, please contact us. contact us.
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