What was the issue? The client bought a young horse for his daughter as a future sports horse and the seller mailed a set of X-rays of the horse (less than a few months old) to the client, who had the X-rays examined by his own veterinarian. The vet provided a positive radiographical purchase advice. After seeing the horse and the positive advice it was decided to go ahead with the purchase.
A purchase agreement was concluded between the parties stipulating that the client could cancel the purchase within a period of 15 days after delivery of the horse: he would then only receive the purchase price of the horse back. Just prior to the conclusion of the purchase agreement, the seller had the horse gelded on behalf of the buyer.
Within a short period after delivery, the horse does not meet the expectations of the client and the client has the horse examined: it turns out, the horse has problems in the hock joint, so that the prognosis as a sports horse in the future is reserved. Client wishes to exercise his right to terminate the purchase agreement within 15 days of delivery, with Schelstraete C.S. Lawyers on behalf of the client. The other party protests: the horse has since been gelded and would have been delivered earlier.
Client does not trust it: he suspects fraud with the X-rays. Client has had the images examined by a digital forensic expert. What was found out is that the photos have been edited with Photoshop. The name of the horse in question was pated on the photos of another horse previously owned by the seller.
The seller was established in Belgium and Mrs. Katrien Beelen (one Belgian Alliance partner) arranged a prejudgment seizure of the bank accounts of the seller, which was ultimately one of the reasons for the seller to settle the matter.
Not only the purchase price of the horse was paid back to the client by the settlement, but also the costs that he had already incurred with regard to the horse. Also, a very generous compensation for the legal costs, were covered by the settlement.
Client was assisted by Ms. Amanda Brouwers – Schelstraete Lawyers and Ms. Katrien Beelen (lawyers firm Beelen)
