Horse sale contract in the Netherlands: what to include

Published on 9 June 2026

A horse sale contract under Dutch law should identify the horse, record its intended use and the vetting findings, and state who bears the risk, when the price is paid and when ownership passes. Whether you are buying a Dutch horse or selling one abroad, have the horse purchase contract drafted or reviewed by a lawyer before anyone signs or pays a deposit.

For the wider picture, see our overview of Dutch equine law. Buying steps are covered in purchase of a horse in the Netherlands; this article covers the clauses.

Do you need a written horse sale contract in the Netherlands?

No written form is required: an oral sale is binding under Dutch law and under the CISG. But if a dispute arises, you must prove what was agreed about health, use, price and delivery. A signed contract is your main evidence.

Under Dutch law, statements can be made in any form unless otherwise provided (Article 3:37(1) Dutch Civil Code). Animals are not things, but the rules on things, including the law of sale, apply to them (Article 3:2a). Where the CISG applies, a contract of sale need not be in writing and may be proved by any means, including witnesses (Article 11 CISG).

How should the contract describe the horse and its intended use?

Identify the horse beyond doubt: name, date of birth, sex, life number (UELN) and microchip number. Then state what the horse is bought for, such as “show jumping at 1.40 m”. That purpose is the yardstick for whether the horse conforms to the contract.

Under Dutch law, the horse must have the qualities the buyer could expect under the contract, taking into account its nature, the seller’s statements and any particular use provided for in the contract (Article 7:17(2) Dutch Civil Code). In a consumer sale, it must be fit for a particular purpose the buyer made known by the time of contracting and the seller accepted (Article 7:18(1)(b)). Under the CISG, it must be fit for a particular purpose expressly or impliedly made known to the seller, unless the buyer did not rely, or could not reasonably rely, on the seller’s skill and judgement (Article 35(2)(b) CISG). Record the seller’s statements about injuries, illness and behaviour as well.

How do you deal with the vetting results in the contract?

Attach the vetting report and list each finding. A buyer generally cannot rely on defects they knew or could reasonably have known of. In a consumer sale, a finding only counts against the buyer if expressly and separately accepted.

The general rule is in Article 7:17(5) Dutch Civil Code. In a consumer sale, a deviation from what the buyer could normally expect is not a lack of conformity only if the buyer was expressly informed at contracting that a specific characteristic deviated and expressly and separately accepted that deviation (Article 7:18(6)). Sellers should list each finding, such as an X-ray result, in a schedule the buyer signs separately. Under the CISG, the seller is not liable for a lack of conformity the buyer knew or could not have been unaware of (Article 35(3) CISG). More on pre-purchase vetting in the Netherlands.

What can a warranty or “sold as seen” clause achieve?

Against a consumer, a dealer cannot limit or exclude the buyer’s rights for a defect. Between businesses or private parties, an exclusion is possible, but not where relying on it would be unacceptable by standards of reasonableness and fairness.

In a consumer sale, the buyer’s statutory rights for a failure in performance cannot be limited or excluded (Article 7:6(1) Dutch Civil Code). Outside consumer sales, a “voetstoots” (sold as seen) clause is possible, but a contractual rule does not apply to the extent that would be unacceptable by standards of reasonableness and fairness (Article 6:248(2)). If the clause is in general terms and conditions, it can also be annulled if unreasonably onerous (Article 6:233(a)). Where the CISG applies, the validity of such a clause is left to the applicable national law (Article 4(a) CISG). If a dealer sells on behalf of a private owner, it is still a consumer sale unless the buyer knew this (Article 7:5(2)). A warranty is the opposite: define what is promised, for how long and with what consequence.

Clause	Dutch law	Where the CISG applies
Intended use	Art. 7:17(2); consumer sale Art. 7:18(1)(b)	Art. 35(2)(b)
Vetting findings	Art. 7:17(5); consumer sale Art. 7:18(6)	Art. 35(3)
Exclusion of liability	not against consumers (Art. 7:6(1)); otherwise limit Art. 6:248(2)	validity under national law (Art. 4(a))
Risk	on delivery (Art. 7:10(1)); consumer with home delivery generally on receipt (Art. 7:11)	handover to first carrier or taking over (Art. 67, 69)
Payment	at delivery (Art. 7:26(2)); consumer prepayment limit	when the horse is placed at the buyer’s disposal (Art. 58(1))
Retention of title	Art. 3:92; cross-border Art. 10:128	not governed by the CISG (Art. 4(b))

Selling a horse abroad or signing a Dutch seller’s contract? Have your horse sale contract reviewed by an equine lawyer in the Netherlands before the deposit is paid.

When does the risk pass to the buyer?

Under Dutch law, on delivery, even before ownership passes; in a consumer sale with home delivery, generally on receipt. Under the CISG, on handover to the first carrier or, without carriage, when the buyer takes over the horse.

From delivery, the buyer remains liable for the price even if the horse dies or deteriorates for a reason not attributable to the seller (Article 7:10(1) Dutch Civil Code). In a consumer sale with delivery to the buyer, risk passes when the buyer or a third party designated by the buyer, other than the carrier, receives the horse (Article 7:11(1)). If the buyer appoints a carrier the seller did not offer, risk passes when that carrier receives the horse (Article 7:11(2)). Under the CISG, risk passes on handover to the first carrier where the contract involves carriage (Article 67(1)), and otherwise, in principle, when the buyer takes over the horse (Article 69(1)). Damage in transit is covered in horse transport damage.

How do you secure payment: deposit, instalments and retention of title?

Without agreement, the buyer pays on delivery. A seller who allows instalments can retain ownership until the price is paid in full.

Payment must be made at the time and place of delivery (Article 7:26(2) Dutch Civil Code). In a consumer sale, the buyer can be required to prepay at most half the price; this may be departed from, but a departure in general terms and conditions is deemed unreasonably onerous (Article 7:6(2)). Under the CISG, the buyer pays when the seller places the horse at the buyer’s disposal, unless another time was agreed (Article 58(1) CISG).

With retention of title, the seller is presumed to transfer ownership subject to the condition precedent of full payment (Article 3:92(1)). Under Dutch conflict rules, its property-law effects are governed by the law of the country where the horse is at the time of delivery (Article 10:128(1)). For a horse intended for export, the parties may instead choose the law of the country of destination, but only if that law keeps ownership with the seller until full payment, and only once the horse is actually imported there (Article 10:128(2)).

Where and when is the horse delivered?

State the place and date of handover, who arranges transport and which documents go with the horse, including the passport. In a Dutch consumer sale, the dealer must deliver within thirty days unless another period is agreed.

The seller must transfer ownership and deliver the horse with its accessories, which include the title documents and papers that are present (Article 7:9(1) Dutch Civil Code). In a consumer sale, the seller delivers without undue delay and in any event within thirty days, unless the parties agree otherwise (Article 7:9(4)).

Which law and which court should the contract name?

Name the governing law, state whether the CISG applies and choose a court. Against a consumer from another country, these choices have limits.

Parties may choose the law (Rome I Article 3(1)), exclude the CISG (Article 6 CISG) and agree on a court (Brussels Ia Article 25(1)). Which law and court apply without such clauses is explained in buying a horse from the Netherlands: which law applies?.

Practical example: a Dutch breeder sells to a US show stable

Suppose a breeder in Overijssel sells a four-year-old mare for € 60,000 to a show stable in Florida. The buyer pays a 30% deposit and the balance after arrival. The vetting shows a minor finding on one X-ray.

Both parties are businesses, so the CISG would apply unless excluded (Article 1(1)(a) CISG). They choose Dutch law, exclude the CISG and name the Dutch court. The X-ray finding is set out in a signed schedule (Article 7:17(5) Dutch Civil Code). The breeder retains title until the balance is paid (Article 3:92). Because the mare is in the Netherlands at delivery, Dutch law governs the property effects of that retention (Article 10:128(1)). The contract states that delivery takes place at the breeder’s yard, so the risk passes there (Article 7:10(1)).

This is a hypothetical example for illustration only, not a real case.

When should you have a horse sale contract checked?

Before signing and before paying or accepting a deposit, especially for a high price, an export sale, payment in instalments or a vetting with findings.

I start with your goal: certainty about the horse, about payment, or both. Then I go through the contract clause by clause and propose concrete wording.

How do we help with a horse sale contract?

We work in three steps.

Clarify your goal, the counterparty and the vetting, including whether it is a consumer sale.
Draft the contract or review the other side’s draft, with concrete proposals.
If a dispute arises, write to the other party, negotiate and, if needed, bring proceedings before the Dutch courts, at first instance and on appeal.

A clear contract that both sides understand without explanation leaves little room for dispute. That is what I aim for.

Call +31 20 210 31 38.

Frequently asked questions about horse sale contracts in the Netherlands

Can a Dutch horse dealer ask for full payment upfront?

From a consumer, not through general terms and conditions: such a clause is deemed unreasonably onerous, as the statutory maximum prepayment is half the price (Articles 7:26(2) and 7:6(2) Dutch Civil Code). Between businesses, payment terms are a matter of agreement.

Who bears the risk if the horse dies before it is collected?

Before delivery, in principle the seller; after delivery, the buyer, if the cause is not attributable to the seller (Article 7:10(1) Dutch Civil Code). If the buyer is in default in taking delivery, risk passes from that moment (Article 7:10(2)).

Does retention of title protect a Dutch seller when the horse is exported?

It can. Under Dutch conflict rules, its property effects follow the law of the country where the horse is at delivery (Article 10:128(1) Dutch Civil Code). For an export horse, the law of the destination can be chosen if that law keeps title with the seller until full payment (Article 10:128(2)).