Animals are not things - put an end to the new animal defect warranty!
According to the reform of the German Civil Code, live animals are treated in the same way as all other consumer goods with regard to warranty rights - it makes no difference whether someone buys a brood mare, a dog, a washing machine or a lawnmower: a 24-month warranty applies and for the first six months there is even a reversal of the burden of proof according to which the seller bears the burden of proof that the animal is “free of defects”.
Following the reform of the German Civil Code (BGB), live animals are treated in the same way as all other consumer goods with regard to warranty rights - it makes no difference whether someone buys a broodmare, a dog, a washing machine or a lawnmower: a 24-month warranty applies and for the first six months there is even a reversal of the burden of proof according to which the seller bears the burden of proof that the animal is “free of defects”.
Since this change in the law, breeders, sellers and animal breeding organizations have been in dire straits and horse breeding in Germany has become a plaything for courts, lawyers, experts and vets. Questions such as: When did the horse get an infection? Where did the horse get the infection? Is it possible that the infection was latent? Such questions cannot be answered unequivocally. Veterinarians are liable for their judgment in the purchase examination for up to 30 years and there is always something to find in a living being. This leads to animals being written off during purchase examinations and buyers subsequently withdrawing from their purchase contracts. Ultimately, it is now only a matter of time before a breeder receives a complaint about a sold animal and subsequently has to reduce the price or take the animal back. There is hardly a breeder who has not experienced this in recent years!
Breeders, horse sellers, the associations, the FN and other organizations are called upon to become active at both national and European level and to do everything in their power to bring about a change in the law. This is first and foremost for the breeders and at the same time for self-preservation.
We urgently need a new regulation on liability for material defects! If this does not succeed, it will mean the creeping death of German horse breeding, with the breeding associations and the large equine clinics also being dragged into the downward maelstrom.
Horses are not things - they are living beings and should be treated as such. The large number of examinations, x-rays and, above all, the back and forth after purchase are also unjustifiable from an animal welfare point of view! Please support this initiative to finally give animals their own rights.
