Buying and Selling Horses in the Netherlands The role of the Expert

After the sale of a horse, a dispute may arise. Horses are generally sold without any or little paperwork and it may be difficult to prove what parties actually agreed as to the condition and the health of the horse and the and the purpose for which it has been bought.

In the Netherlands, the law that applies to the sale of horses is the same that applies to the sale of (movable) goods (book 7 of the Dutch Civil Code). If the purchaser of the horse is a private individual (“consumer”) and the seller is acting in the course of his business, the purchaser enjoys protection under the applicable rules of consumer law in Book 7.

The horse needs to be suitable for the purpose for which it has been bought. If a dispute arises, the buyer almost always alleges that the horse is unsound (it has a disease or defects that diminish its natural usefulness) or has particular vices or defects that render it unsuitable for the purposes for which it has been bought. If these (alleged) problems occur within 6 months after the sale, the professional seller will have to prove that the horse was sound and had no hidden defects whatsoever at the moment of the sale.

Representation and examination (duty of care)
The buyer/consumer may, in general, rely on representations made by the seller as to the conditions of the horse and its usefulness. This does not mean, however, that the buyer has no duty of care at all. Notwithstanding the fact that under Dutch law the buyer of the horse is protected, even against “honest” or “negligent” misrepresentations of the seller (but only if he couldn’t reasonably have been aware of the fact that those representations weren’t true) the buyer has an own responsibility to examine the horse himself. If he doesn’t examine it at all, he may lose his claims and remedies against the seller and he may not be entitled to rescind (avoid) the contract and/or damages or a price reduction. This means, for instance, that if the horse has obvious defects (not hidden) at the time of the sale and the buyer could have discovered those obvious defects during examination or inspection of the horse before deciding to close the contract with the seller, the seller will have a defence under Dutch law and it may be impossible for the seller to avoid the contract and claim compensation. This would only be different if the seller explicitly represents and warrants that the horse is sound and fit for its purpose. [...]