The legal consequences of ophthalmic diseases in horses

Unfortunately, many horses suffer from eye diseases. These diseases vary (uveitis, cataracts, conjunctivitis, etc.) and can have serious consequences for your horse's sporting prospects. This article aims to shed light on the legal solutions available to you when you purchase a horse with an eye disease.

Veterinary examination and sales contract to be completed before purchasing your horse

The first step in avoiding unpleasant surprises is, of course, to have a veterinary examination carried out prior to purchase. Veterinarians routinely perform an eye examination during the clinical examination.
It is also recommended that you draw up a sales contract (even a basic one) so that you have a document signed by both parties containing some basic information about the sale:

• seller's contact information,
• horse price,
• date of sale,
• intended use of the horse, etc.

Contract templates are available online. You can also consult a lawyer to have a contract drawn up that corresponds to the specific characteristics of your horse and your intended practice.

Legal solutions in the event of your horse developing an eye disease

Just because you bought a horse without a veterinary examination and without a sales contract does not mean that there is no legal solution to your problem. In practical terms, what should you do if you buy a horse and realize after the purchase that your horse has an eye disease?

My horse has uveitis.

Firstly, it is important to distinguish uveitis from other conditions. Why? Because uveitis is classified as a redhibitory defect under Article R 213-1 of the Rural and Maritime Fishing Code:
"The following diseases or defects are considered to be redhibitory defects and alone give rise to actions under Articles 1641 to 1649 of the Civil Code, regardless of the location where the sales and exchanges take place:
1° For horses, donkeys, and mules:
a) Immobility.
b) Pulmonary emphysema.
c) Chronic horniness.
d) Tic proper, with or without tooth wear.
e) Old intermittent lameness.
f) Isolated uveitis.
g) Infectious anemia of equines."

It is therefore possible to request cancellation of the sale on the basis of the legal warranty against hidden defects if your horse has uveitis.

Please note the time limit: you only have 30 days from the date of delivery of the horse to request cancellation of the sale if your horse has uveitis.

My horse has a condition other than uveitis.

Here too, there are several legal remedies available to you. These remedies can also be invoked in cases of uveitis:

- Fraud (Article 1137 of the Civil Code): this refers to cases where the seller deliberately concealed the existence of an ophthalmic condition during the sale in order to obtain your consent. In order to request the cancellation of the sale, you must be able to demonstrate:

1. That the condition existed prior to the sale;
2. That the seller was aware of this condition and intentionally concealed the information.

The basis for fraud allows for damages to be claimed in addition to the sale price of the horse and all maintenance costs.

- The legal warranty against hidden defects (Articles 1641 et seq. of the Civil Code): this legal basis allows you to request cancellation of the sale price if you meet two cumulative criteria:

1. The condition must have existed prior to the sale;
2. The condition must render the horse unfit for its intended use, or diminish its usefulness to such an extent that the buyer would not have purchased it, or would have paid a lower price for it.

The deadline for taking action is two years from the day you became aware of the condition.

Important information: the legal warranty against hidden defects applies regardless of whether or not the seller was aware of the defect.

- For sales concluded between a professional and an amateur before January 1, 2022, the legal guarantee of conformity (Article L217-3 of the Consumer Code): if the seller delivers an equine that does not conform to the expected use, the buyer may request the cancellation of the sale and a refund of the sale price.

The time limit for taking action is two years from the date of delivery of the horse. Any defect that appears within 12 months of the sale is considered to have existed on the date of sale.

There are therefore several legal grounds on which you can take action against the seller of the horse, whether they are a professional or not.

Good to know: some owners do not wish to cancel the sale outright and only want 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 eye disease. What should I do?

If you purchase a horse and realize that it has an eye disease, you should call your veterinarian immediately so that they can provide the necessary treatment and date the onset of the condition.

Next, if your situation appears to be covered by one of the grounds mentioned above (lumpy ground, fraud, hidden defect, or legal guarantee of conformity), you must write a formal notice letter requesting cancellation of the sale and reimbursement of the purchase price (or a reduction in the purchase 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, consult a lawyer to help you with this process.

In practice, many sellers do not respond to formal notices. However, 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 another similar disease. Some owners are forced to take out loans in order to provide proper care for their horses. In some cases, surgery on both eyes is necessary, and the cost can be as high as €10,000.

If you have purchased a horse with an eye disease, do not hesitate to contact a lawyer specializing in equine law to assess the legal remedies available and your chances of success. If successful, this procedure could enable you to finance your horse's care (or have it reimbursed).

Article written by Nina Latour, Attorney - Equine Law