Monday, January 18, 2016

Kaufvertrag

J just called Haegerhof and said we'd like to make an offer but need to be able to return the horse if he shows signs of respiratory disease in the next 12 months in the contract (Kaufvertrag). The owner said he has to think about it, call back in a few hours, he's never done anything like that so far.

Which is not true, because S bought Bintu from him with a clause in the contract about clear xrays. Well, that's different, or is it.

SO I'm sitting here waiting for my crock pot to finish dinner, and not much more patiently looking at the telephone. Is he playing games with us, I wonder? Is someone else interested in the little fatty? Is his head frozen from the weather up north? (He said he was outside and needs to think.)

Well this is not what I expected.

6 comments:

Camryn said...

Can understand where you both are coming from. You on one hand knowing that Mag had respritory problems in the past hesitate to purchase without guarantee that it isn't an ongoing problem. The seller may totally get why you make this request but, hesitates to make that guarantee. They don't know you, may want to trust you but, may have been burned in the past. They have no idea of your horse keeping, honesty, etc... It's one thing to sell/buy something like an appliance with guarantee fully expected, a living creature that become ill/injured thru no fault of the seller not so much.
Guess it all comes down to trusting that the Vet that examined him and the results. Along with how much you want Mag.
In no way is this meant as an insult to you. I hope you won't take it as such. I'd hesitate as well but...

Becky Bean said...

I wish there were a plethora of gorgeous arabs across the pond, like there are here, so you could tell this guy to go jump in a lake. You shouldn't have to jump through so many hoops just to buy something from him. I think "respiratory disease" is a perfectly reasonable clause to make, especially since he claims the horse has been the picture of health.

DAMN.

Here's hoping he comes to his senses soon.

TeresaA said...

I would echo Camryn's thoughts- it's hard to act on such a clause. it could lead to all sorts of issues- what if Mag gets an illness and develops coughing after? Could you prove it was related to his current condition.

Would you even be willing to return him after having him a year?
What would be the process? A letter from a vet?

I would suggest that you buy him or not and go from there. But if I bought him I would do so knowing that there is a risk. Of course there is a risk with every horse.

ChicagoGrrrl said...

or now that YOU got him healthy, insisting on healthy -- finding an excellent vet, getting the proper testing, medications -- this jackass wants to profit and get more for the horse . .

lytha said...

Camryn, we were advised to add the clause by a dressage trainer that is a friend of my husband's. Apparently it's not uncommon here.

Becky, you know the full story then: ) The entire time Mag was ill, his ad said healthy.

Teresa, it would be a legal matter, with a vet required to sign a document. My next door neighbor was taken to court for selling a lame horse and she had to buy the horse back and pay to have it euthanized. These contracts are legal documents and it's not uncommon for them to have a clause regarding a health condition. I would have thought that the seller would see that we might not want to give up the horse in a year even if he coughs, but oh well.

Chicago, I guess I should be thankful that my husband does not have any problem with this - he knew it was a risk we were taking to just pay the vet bills up front with no discussion. I can't imagine being such a greedy seller that you don't compromise at all. I'm annoyed, but my husband is like oh well.; ) Thankfully Mara sold for just shy of twice what we bought her for and Mag is not terribly much more than that.

Achieve1dream said...

Oh so cruel of him to leave you hanging like that!!! I hope he doesn't sell him out from under you. :-(