Legal questions about selling? Get free advice!

Questioner

It has been over 2 months since I sold a saddle for a horse via Marktplaats, the buyer came to my house and inspected the saddle and approved it, paid and took the saddle with him. Yesterday I received a message that the tree (which is inside the saddle) is broken and the buyer cannot do anything with the saddle, wants to return it and get his money back. In my opinion, the saddle was fine when it was sold and according to the saddle maker who inspected the saddle, the saddle was also fine. This saddle maker did say at the time that the tree had been broken in the past (with a user before me), but that it had been neatly repaired and the saddle was in fine condition. I sold the saddle via Marktplaats for the price at which the saddle maker valued the saddle at the time. It is therefore possible that the saddle has been damaged by the buyer in the meantime. Am I now obliged to refund (part of) the money to the buyer or not?

Lawyer

The buyer should have filed a complaint within a reasonable time in the event of a defect discovered after purchase. That reasonable time seems to me to have expired after 2 months, unless a broken tree could not have been discovered during inspection. It seems to me that you do not have to accommodate the buyer.

Questioner

Thanks for the answer. I also wonder if a repair to the tree in the distant past (more than 5 years ago, because it happened to the user before me) is even a hidden defect if the saddle has functioned well with it for years and was declared in good condition by a saddler before this sale..?

Lawyer

After a proper repair, the saddle is indeed in good condition again and there is no question of a (hidden or real) defect.