If you have discovered that your newly purchased horse suffers from a hidden defect, it is important to be aware of the warranty periods so that you have time to file a complaint in time.
Within the law of purchase, we work with the relative and absolute complaint periods, respectively.
The relative complaint period means how quickly we must complain after we have discovered the defect.
The absolute warranty period indicates how long after we have purchased the horse we can claim defects.
We distinguish between the three different types of purchases; commercial purchases (professional buyer from professional), consumer purchases (private buyer from professional) and civil purchases (all transactions where the seller is a private individual).
The buyer has a period of 2 years from the time of delivery to complain about hidden defects in the horse.
However, if the seller has acted fraudulently (bad faith), the provision may lapse, so that the buyer can complain beyond the 2-year period.
This provision can be waived by agreement in civil and commercial purchases. It is therefore legally possible to agree on a shorter period than the 2 years in the purchase contract.
In consumer purchases, the rule of 2 years for complaints is mandatory and, in contrast to civil and commercial purchases, a shorter period than 2 years cannot be legally accepted in consumer purchases.
Regarding the complaint itself, it is sufficient for the buyer to point out in his complaint that the horse has a hidden defect and that the buyer wishes to complain about this, a so-called neutral complaint, which means that the buyer has not yet stated which remedy he wishes to use.
IN trade purchase the shortest period for complaints exists, as the buyer must notify the seller of his complaint “immediately”. In civil purchases, on the other hand, the period is “without undue delay”. This difference is related to the fact that the buyer in a commercial purchase has a duty to examine the horse immediately after receipt to see if everything is in order. It is therefore a natural consequence that in a commercial purchase a complaint must be made immediately, as otherwise the seller must assume that the buyer found everything to be in order when examining the horse.
This provision can be waived by agreement in both commercial and civil purchases, and a deadline can thus be agreed upon according to the parties' wishes.
If the buyer wishes to cancel the purchase, a specified complaint must be submitted, whereas a neutral complaint is only required if the buyer wishes to keep the item for sale and demand a reduction in the purchase price or compensation for the defect.
This specified complaint must be made without undue delay, regardless of whether it is a commercial or civil purchase. This gives the buyer in a commercial purchase a little more time to consider the situation more closely, while in the case of a neutral complaint, notification must be given “immediately”.
IN civilian purchase there is no duty to investigate, as there is in commercial purchases. However, it cannot be concluded that the civilian buyer is not subject to some form of duty to investigate. Depending on the circumstances, the buyer is also subject to some form of duty to investigate, albeit in a somewhat more lenient form than in commercial purchases.
IN consumer purchases The complaint must be made within a reasonable time after the buyer has discovered the defect. Complaints within 2 months are always timely in consumer purchases.
The provision in consumer purchases is significantly relaxed compared to civil purchases, with the difference that in consumer purchases only a neutral complaint is required.
This relaxation of the requirements for complaints is justified by the fact that the consumer may often be in doubt about his legal position and therefore need time to reflect and the opportunity to consult with others. The lenient requirement that only a neutral complaint is required is also justified by the consumer's uncertainty in relation to which powers the consumer is entitled to and wishes to exercise.
Case law shows that the 2-month period is not considered definitive. In one case, the court decided that the consumer had filed a complaint in a timely manner, even though the complaint was filed 2 months and 10 days after the consumer had discovered the defect in the horse. During this period, the consumer had tried to have his loss covered through the unusability insurance taken out on the horse, but was refused. Subsequently, the consumer had sought advice and guidance from veterinarians before the consumer had contacted the seller about the complaint. The High Court upheld the district court's judgment.
Contact us at info@paragrafadvokaterne.dk if you want to know more.
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