{"id":1740,"date":"2018-07-12T13:44:00","date_gmt":"2018-07-12T11:44:00","guid":{"rendered":"https:\/\/paragraf.keydesigndev.dk\/?p=1740"},"modified":"2024-12-10T10:23:40","modified_gmt":"2024-12-10T09:23:40","slug":"hestesaelger-saelger-du-privat-eller-som-erhvervsdrivende","status":"publish","type":"post","link":"https:\/\/paragrafadvokaterne.dk\/en\/artikler\/hestesaelger-saelger-du-privat-eller-som-erhvervsdrivende\/","title":{"rendered":"Horse seller \u2013 Are you selling privately or as a business?"},"content":{"rendered":"
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Horse seller \u2013 Are you selling privately or as a business?<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Regardless of whether you are a breeder or a rider, it happens that you have to sell a horse. In many cases, there is no doubt whether you are a private seller or a commercial seller. However, there is a relatively large gray area where it is actually debatable whether you are a private or commercial seller.<\/p>\n

It is not entirely unimportant whether you are a private seller or a commercial seller. As a private seller, you have the opportunity to largely agree on what you want with the buyer, and to draft the contract with the agreements that you and the buyer can agree on, regardless of what the Danish Sales Act otherwise says. As a commercial seller, if the buyer is a consumer, you do not have the opportunity to deviate from the consumer protection provisions of the Danish Sales Act. As a commercial seller, you have little opportunity to agree on what you want with the buyer, as agreements that are contrary to the consumer provisions of the Danish Sales Act will be invalid if the case is tried in court.<\/p>\n

If you, as a hobby rider, are selling your horse because you have become pregnant, are going to start studying or have lost interest, there is no doubt that you are a private seller. If, on the other hand, as a hobby rider you have repeatedly bought a horse, ridden it for a while, then sold it again and bought a new one, then it starts to look like a hobby business, and you are entering the grey area. Especially if the horses are predominantly sold at a higher price than they were purchased, this will point towards a hobby business. In this context, it is relatively unimportant that a real profit may not be achieved, as it is only the seller's intention with his business that comes into play, i.e. was the horse bought\/bred with a view to resale? If the answer is yes, you are most likely to be considered a commercial seller.<\/p>\n

If you have set up a business with a CVR number within stud farming or horse sales, there is of course no doubt that you are a commercial seller.<\/p>\n

If you are about to sell your horse and are in doubt whether you are to be considered a private or professional seller, you can use this method: "What will the buyer's experience of the transaction be like?" If the buyer gets the experience of trading with a professional\/semi-professional, this will weigh in favor of you being considered a professional seller.<\/p>\n

The following parameters will be considered when assessing the buyer's experience of the transaction:<\/p>\n