Unfortunately, ophthalmic diseases affect many horses. They are varied (uveitis, cataracts, conjunctivitis...) and can have serious consequences for your horse's sporting prognosis. The aim of this article is to explain the legal solutions available when you buy a horse suffering from an ophthalmic pathology.
Veterinary visit and contract of sale before buying your horse
The first step in avoiding unpleasant surprises is, of course, to have a veterinary visit carried out prior to purchase. Indeed, veterinarians systematically carry out an eye examination during the so-called clinical visit.
It is also advisable to draw up a sales contract (even a basic one), so that both parties can sign a document containing some basic information about the sale:
- seller's contact details,
- horse price,
- date of sale,
- desired use of the horse etc...
Contract templates are available online. You can also contact a lawyer to have a contract drawn up to suit the specifics of your horse and your intended practice.
Legal solutions for your horse's ophthalmic disease
Just because you bought a horse without a veterinary visit and without a sales contract doesn't mean that there isn't a legal solution to your problem. In concrete terms, what should you do if you buy a horse and realize, after the purchase, that your horse is suffering from an ophthalmic disease?
My horse has uveitis
First of all, uveitis must be distinguished from other pathologies. Why should we do this? Because uveitis is qualified as a redhibitory defect by article R 213-1 of the Code rural et de la pêche maritime:
"The following diseases or defects are deemed redhibitory defects and alone give rise to the actions resulting from articles 1641 to 1649 of the Civil Code, without distinction of the localities where sales and exchanges take place:
1° For horses, donkeys and mules:
a) Immobility.
b) Pulmonary emphysema.
c) Chronic corning.
d) Tic proper, with or without tooth wear.
e) Old intermittent lameness.
f) Isolated uveitis.
g) Equine infectious anemia."
If your horse suffers from uveitis, you can apply to have the sale annulled on the basis of the legal guarantee against redhibitory defects.
Beware of deadlines: you only have 30 days from delivery of the horse to request cancellation of the sale if your horse is suffering from uveitis.
My horse has a pathology other than uveitis
Here too, there are several legal remedies available to you. These remedies can also be invoked in the event of uveitis:
- Fraud (article 1137 of the French Civil Code): this is where the seller deliberately concealed the existence of an ophthalmic pathology from you at the time of the sale, in order to obtain your consent. To request cancellation of the sale, you must be able to demonstrate :
- That the pathology predates the sale;
- That the seller was aware of this pathology and intentionally concealed the information.
In addition to the sale price of the horse and all maintenance costs, damages can be claimed on the grounds of fraud.
- The legal warranty for hidden defects (articles 1641 et seq. of the French Civil Code): this legal basis allows you to request cancellation of the sale price if you meet two cumulative criteria:
- The pathology must predate the sale;
- The pathology must render the horse unfit for its intended use, or so diminish that use that the buyer would not have acquired it, or would only have given a lesser price for it.
The time limit for taking action is two years, starting from the day you became aware of the pathology.
Important information: the legal warranty for hidden defects applies whether or not the seller was aware of the pathology.
- For sales concluded between a professional and an amateur before January 1, 2022, the legal guarantee of conformity (article L217-3 of the French Consumer Code): if the seller delivers an equine product that does not conform to the intended use, the buyer can request cancellation of the sale and reimbursement of the purchase price.
The time limit for taking action is two years from delivery of the horse. Defects that appear within 12 months of the sale are deemed to have existed on the day of sale.
There are therefore several legal grounds on which you can take action against the seller of the horse, whether professional or not.
Good to know: some owners don't wish to cancel the sale outright, but simply wish to obtain a reduction in the sale price. This option is available to buyers who wish to keep their horse despite its illness.
My horse has an ophthalmic disease. What should I do?
If you buy a horse and discover that it is suffering from an ophthalmic disease, you should contact your veterinarian as soon as possible, so that he can carry out the necessary treatment and date the onset of the pathology.
Then, if your situation appears to be covered by one of the above-mentioned grounds (redhibitory defect, fraud, latent defect or legal warranty of conformity), you must write a letter of formal notice, requesting cancellation of the sale and reimbursement of the sale price (or reduction of the sale price if you wish to keep the horse), accompanied by the veterinary report, certifying that the illness predates the purchase of the horse.
You can, of course, contact a lawyer to take this step.
In practice, many sellers fail to respond to formal notices. And yet, case law shows that they are regularly ordered to reimburse their buyers.
The procedures can be long and costly, but so can the life of a horse suffering from uveitis, keratitis or a similar disease... Some owners are forced to take out loans to be able to care for their horses properly. In some cases, both eyes need to be operated on, at a cost of around 10,000 euros.
If you have purchased a horse suffering from an ophthalmic disease, don't hesitate to contact a lawyer specializing in equine law to assess the legal remedies available and your chances of success. This procedure could, if successful, enable you to finance your horse's care (or have it reimbursed).
Article written by Nina Latour, Lawyer - Equine law
