Internationalen Privatrecht Pferdeverkauf ohne schriftlichen Vertrag

Wir haben im August ein Fohlen , und im Oktober einen Jährling an einen Kalifornier verkauft.Ein schriftlicher Kaufvertrag wurde nicht geschlossen. Die Überweisung für das Fohlen ist am 4. August bei uns eingetroffen. Der Jährling wurde am 16.Oktober zur Hälfte bezahlt, die zweite Hälfte sollte im Januar 2007 erfolgen. Nun haben wir ihm am 9. Januar eine Rechnung für die Boxenmiete der beiden Pferde sowie die Rechnung über den noch offenen Betrag per Email zugesandt.
Original-Text:


Dear Mr.

we wish you and your family a blessed, successful and happy new year.

Your stallion and foal are doing very well. Photos you´ll find enclosed.

I kindly ask you to balance the open account of

2.289,98 Euro for the stallion of ,

600, -- Euro rental for stable from Nov. 06 till Jan. 07 for the stallion

390, -- Euro rental for stable from Nov. 06 till Jan. 07 for the foal from
_____________________

3.279,98 Euro total

by transfer to our bank-account.

Please remember, that banking charges are taken from the amount you transfer. Please contact your bank to find out how much will be charged and add to the total.

With the last transfer for the foal we got 3.445,-- Euro, for the stallion 2.210,02 Euro.

Kindly greetings from Germany
Da er sich nicht meldete, haben wir die Mail am 18.1.2007 noch einmal zugeschickt mit dem Vermerk er möchte sich doch melden.
Am 25.1.2007 haben wir Ihn nun aufgefordert, den Betrag innerhalb einer Woche auf unser Konto zu überweisen.

Seine Antwort:

I hope you and your loved ones had a good holiday. We had some sickness and I just now have turned my attention to the mail and numerous e-mails upon returning. After reading your numerous messages, I have waited in order that I might piece this tangled matter together and give you a considered reply. I have reviewed the stack of e-mails from your starting early this month. January is not even over and I resent being treated in this matter. I have now gotten a bad feeling about this matter and have now reviewed all of your actions to date.

As you remember, I originally replied to one of your numerous advertisements for the Concetto Famos Hengste which you were advertising at 4,500 Euro. You quoted me a price of 3,500 Euro for another Hengste Fohlen, that is Chico Boy. I sent you 3,500 Euro wired from First Federal Bank to your account. Now, many months later, you inform me that you received a slightly lesser amount. This would likely have been as a result of exchange rates or other fees by either of our banks. In any event, I instructed my bank to send you the dollar equivalent of 3,500 Euro. The same was true when I, again, sent you 2,250 Euro as a deposit on the Concetto Famos Fohlen. In any event, we have never before had any complaints of this nature from our breeders in Germany. In fact, they have all been most considerate as to our disadvantage living so far away and not being able to inspect our horse purchases, as your local buyers do. In reviewing recent purchases at the various Fall and Winter auctions, I note that only 6% on average of the purchases have gone to America. Perhaps what has happened here may explain the reason for this fact.

After thoroughly reviewing our correspondence, I note that you allege that:
a. I have not fully paid for the Fohlen.
b. I have not fully paid even the one-half deposit on the Hengste.

After I sent you 3,500 Euro in full payment for the fohlen, I requested the essential “eigentigmsurkunde,” acte de propriete or certificate of ownership properly endorsed by the registered owner on the reverse side. I requested this on either two or three occasions to which you suggested in our last conversation that you would send it later with the Hengst Eigentumsukunde after I had paid for that horse.

Based on the above correspondence and your behavior, I can only conclude that at this time I may not actually own either horse since you have alleged that I never paid the 3,500 and 2,250 Euro in full.

Next to the matter of renting the stable which was asserted in your email. This is something we have never discussed. You have taken it upon yourself to unilaterally levy stable charges on me as though you were a commercial business for stabling horses that I may not even own. And, even if I did own the horses, it is incumbent on you to obtain my prior agreement as to these stable fees in advance, according to all commercial conventions.

Now, I realize we have a considerable language barrier, inasmuch as I do not speak German and you may not comprehend everything I say in English. And it is unnecessary to say that we like both you and your horses very much. I have only seen each of these horses briefly in August after I had sent you an amount which I believed was sufficient for purchasing Chico Boy fohlen. At that time, you and I spent three hours together and you never mentioned receiving a lesser amount at that time or that you wished to charge stable rental. However, I noted that you also failed to give me the Chico Boy Eigentumsurkunde despite having said you had just received it from the Hanoverian Verband.

We have purchased a number of young horses from breeders in Germany and they have all kept the horses for us until we paid for them at no charge. They all have appreciated that we would come to their farms to inspect our prospective purchases only after we had already sent them a significant deposit. We showed them first our trust of them and they reciprocated by extending us every courtesy. This is the first time in nearly ten years that we have been taken unfair advantage by anyone in Germany. Our young horses have remained in their custody even after we purchased them for 9 to 10 months with charge. The prospect of our continued business and that of other American purchasers, here, in California may have motivated their courtesies. In several instances, breeders have offered that they would keep the horse for 50 to 100 Euro per month after 6 to 10 months for as long as we wished. And this is not just one breeder, but all of the ones I am working with in Germany (including ).

May I hasten to remind you that I never tried to negotiate your asking price, nor have I done so with other breeders in Germany. It was either fair or it wasn’t because we don’t wish to negotiate as European buyers often do since this is only a hobby and fun for us. We are not trying to make money at this since it costs a great deal to fly a horse to California as you well may know (5,000 Euro).

I feel that we have received ungracious treatment in this matter. I am concerned that we may be in disagreement and your endless e-mails with their claims, have taken all the joy out of the whole engagement. Both horses appear to be good. Therefore, kindly refund our funds we sent to you and no harm is done.

We enjoy buying horses in Germany and we think our breeders like us. I am sorry we have caused you any inconvenience and like you and your horses, but I will not continue along under the demands in your proposed. I suspect that these are your horses from all evidence you allege. You presently have my deposits. I would be glad to talk with you further on this matter when I return from my trip to New York.
Best regards,


Unsere Antwort:
Dear Mr.
in August 2006 you have bought a stallion-foal (born 13.04.2006) for the agreed price of 3500,- Euro. You transferred the amount for the foal the 4. August 2006. After withdrawl of all bank charges still 3.445 ,- Euro were credited to us.
At no time I additionally demanded by you the balance at a value of 55.- Euro, I only referred you politely to it.
With your attendance in August we fetched you and your two children in Bonn and after a long talk and inspection of the horses drove you back to Bonn again. At that day Mr. ....was at our disposal for translation and better understanding and communication.
At that day we also spoke about fodder (a sample with description was handed over to you, unfortunately you have left it) , as well as the fodder costs and in case of the foal about our stable charges. Here in Germany the stable fee for a foal on the average is 120,- to 150,- Euro/month (without deworming and to cut hoofes).

In the price at a value of 130,- Euro/month specified by us for the foal deworming and cut out hoofes are included.

Now a list of our own fodder and additional costs:

Struktur-Energetikum 20 kg 21,50 Euro
Vollwertpellets 30 kg 13,20 Euro
Oats 50 kg 11,50 Euro
Hay, straw, water, electricity approx. 35, -- Euro/month
Hoof-forge every 8 weeks 31, -- Euro
deworming every 8 to 12 weeks 20, -- to 25, -- Euro
Animal guardian liability insurance
for each horse 60, 69 Euro/year

Our actual costs per foal and month:

Oats 30 kg/month 7,13 Euro
Struktur-Energetikum 30 kg/month 32,55 Euro
Vollwertpellets 30 kg/month 13,64 Euro
Hay, straw, water, electricity approx. 35,00 Euro
Hoof-forge approx. 15,50 Euro/month
deworming approx. 8,30 Euro/month
insurance approx. 5,05 Euro/month
total 101,67 Euro/month
=================================================

The remainder up to 130,-- Euro we charge for clearing the stable, daily movement an letting run of horses, pasture care and other expenditures.

In October 2006 you also bought the stallion (born 17.04.2005) for 4.500, -- Euro and therefore asked to be allowed to pay a one-half deposit. To 16 October 2006 2.210, -- Euro were credited to our account.
The remainder you wanted to transfer in January 2007. For this horse we did not talk about stable charges so far.

We are no specialised stable for breeding stallions and therefore have no run-boxes in those many stallions are accommodated. Each of your horses is located in a single-box, with best fodder supplies, daily brought to the run. Because the stallion needs a larger fodder quantity and also the expenditure of keeping and handling a stallion are different, to my mind a price at a value of 200, -- Euro/month is appropriate.

If the stable charges for the horses seems too high to you, you may accommodate them in a more favourable stable after complete payment of all open costs. I never had and not do have the intention to hurt nor to annoy you. My tendency is to supply your horses conscientious and after best knowledge.

Today I ask you again to transfer

the still open amount at a value of 3.279,98 Euro
as well as the stable charges due staring from 1.2.07 at a value of 330, -- Euro
total 3.609,98 Euro

by 14 February 2007.

If I should not receive a reaction from you up to this time, we insist on redhibition of the contract under let us retrain a payment of indemnity at a value of 3.000, -- Euro as expense allowance.

Best regards,

Wir haben keinen schriftlichen Kaufvertrag. Haben wir uns richtig verhalten, nach welchem Recht würde hier verhandelt werden. Und welche weiteren Schritte muss ich machen ?