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Horse vetting in the Netherlands is a contract for services, and the Dutch vet must exercise the care of a good service provider. If the vet misses something a careful vet would have found, at the vetting or during later treatment, the vet can be liable for your loss under Dutch law. As a lawyer at MAAK Advocaten in Amsterdam, I assess whether you have a claim and against whom.
Buyers from abroad do not always see the horse before it arrives; the vetting report is then what they rely on. If a horse that passed the pre-purchase exam goes lame months later, the seller is one target, as our overview of Dutch equine law explains; the vet may be another.
What is a pre-purchase vetting under Dutch law?
A vetting (aankoopkeuring) is a contract for services (overeenkomst van opdracht) between the vet and the person who orders it. The vet does not promise a sound horse. The vet promises a careful examination within the agreed scope and an accurate report.
Dutch law defines this contract as one to perform work other than producing a physical work, storing or carrying goods (Article 7:400(1) Dutch Civil Code). The vet must observe the care of a good service provider (Article 7:401) and must account for how the work was done (Article 7:403(2)). The vetting report is that account.
A horse is not a “thing” in Dutch law, but the rules on things apply to animals in principle (Article 3:2a).
You and the vet agree the scope: clinical only, X-rays of specified regions, or further tests. A vet cannot in principle be blamed for what was not examined, unless a careful vet should have advised you to examine further. Put the scope in writing, particularly when you are not present.
Who instructs the vet, and why does it matter?
The client is whoever instructs the vet: the buyer, or sometimes the seller or the seller’s yard. Only the client has a contractual claim against the vet. Anyone else must show that the vet also acted unlawfully towards them.
Every failure to perform obliges the debtor to compensate the creditor’s loss, unless the failure cannot be attributed to the debtor (Article 6:74(1); Article 6:75). A buyer who is not the client must rely on tort (onrechtmatige daad, Article 6:162).
| Situation | Client of the vet | Basis of a buyer’s claim |
|---|---|---|
| You instruct a vet of your choice, directly or through your agent in your name | you | contract (Articles 6:74, 7:401) |
| The seller’s yard arranges “its” vet | the seller | tort (Article 6:162) |
| The seller sends you an earlier vetting | whoever ordered it then | tort; the report speaks only for that day |
| You have the horse treated after the purchase | you | contract (Articles 6:74, 7:401) |
If you buy from abroad, I advise you to choose the vet yourself and to make sure the vet is instructed in your name, even when the seller offers a recent vetting. Then the vet works for you, and you have a contractual claim if the vet falls short.
When is a Dutch vet liable for a missed finding?
The vet is liable if the vet did not take the care of a good service provider in the agreed examination and you suffered loss as a result. A problem that appears later does not, on its own, prove that the vetting was wrong.
Three questions decide the claim:
- Breach. Did the vet do what could be expected of a careful vet in that situation (Article 7:401)? A court decides this, if necessary with an expert.
- Scope. Was the missed finding within what was agreed? If the back was not X-rayed, a back problem visible only on X-rays is in principle not the vet’s fault.
- Loss and causation. With a correct report, would you not have bought, or bought for less? Loss covers both loss suffered and lost profit (Article 6:96(1)).
If you contributed to the loss, for example by ignoring a clear recommendation in the report, the compensation can be reduced (Article 6:101(1)).
If the practice limits its liability in general terms and conditions, that clause may be annulled if it is unreasonably onerous (Article 6:233(a)); against a consumer, a clause releasing the vet from a statutory duty to pay damages is presumed to be unreasonably onerous (Article 6:237(f)).
Did your horse pass the vetting in the Netherlands and go lame soon after? Have the report and X-rays reviewed by our equine lawyer before you write to the vet or the seller.
Is the vet also liable for negligent treatment?
Yes. Treatment is also a contract for services, and the same duty of care applies. A wrong diagnosis or treatment can lead to compensation if a careful vet would have acted differently and the horse or you suffered loss as a result.
When you have your horse treated, you are the client, and the vet must keep you informed of the work (Article 7:403(1)). How this duty compares with that of yards, trainers and farriers is set out in our page on negligence in the equestrian industry.
Separately, anyone directly affected can file a complaint with the Dutch veterinary disciplinary board (Veterinair Tuchtcollege) (Article 8.15 Animals Act). The test is the vet’s duty of care under Article 4.2 of that Act. The board can impose measures such as a warning, reprimand, fine or suspension (Article 8.31). Damages are not among them; those are claimed in the civil courts.
How do you prove that the vet made a mistake?
The person who claims that the vet fell short must in principle prove it. Your key evidence is the vetting report, the X-rays and the opinion of an independent vet, obtained soon after the problem appears.
A party relying on the legal consequences of facts it asserts bears the burden of proving them, unless a special rule or reasonableness and fairness requires otherwise (Article 150 Code of Civil Procedure). There is no statutory presumption for vettings like the one that helps consumers in a sale.
Steps to take:
- Request the full file. A party to a legal relationship with sufficient interest is entitled to inspect or receive a copy of data about that relationship, at its own cost (Article 194(1) CCP).
- Get an independent second opinion on the images; reasonable costs may be recoverable (Article 6:96(2)(b)).
- Complain in time. You lose the right to rely on a defect in the service if you do not protest to the vet within a reasonable time after discovering it (Article 6:89).
- Consider a court-appointed expert. Even before proceedings, the court can appoint an expert at a party’s request (Articles 196 and 202 CCP); see litigation and arbitration in horse disputes.
A claim for damages becomes time-barred five years after the day you knew of both the loss and the liable person, and in any event twenty years after the event (Article 3:310(1)).
Does Dutch law govern a vetting for a foreign buyer?
Without a choice of law, it normally does when the vet is based in the Netherlands: a services contract is governed by the law of the country where the service provider has its habitual residence.
That rule is in Article 4(1)(b) of the Rome I Regulation. The consumer rule in Article 6(1) does not apply to services that must be supplied exclusively in a country other than the one where the consumer habitually resides (Article 6(4)(a)). Which law governs the sale itself is a separate question, covered in buying a horse from the Netherlands: which law applies.
The vetting can also affect your claim against the seller. You cannot in principle rely on a non-conformity you knew or could reasonably have known of at the time of the sale (Article 7:17(5)); in a consumer sale, stricter requirements apply (Article 7:18(6)). Our page on the purchase of a horse in the Netherlands covers the buyer’s side of the sale.
Practical example: a remote purchase and a missed X-ray finding
Suppose a show jumper living in Ireland buys a seven-year-old gelding from a Dutch dealer after watching videos. Her trainer in the Netherlands books a local vet in her name for a clinical exam with X-rays of the limbs. The report is clean. Five months later, her vet in Ireland finds a change that is already visible on the vetting X-rays.
She requests the file (Article 194 CCP), has the images reviewed and protests promptly (Article 6:89). Because the vet was instructed in her name, she has a contractual claim, governed by Dutch law in the absence of a choice of law (Rome I, Articles 4(1)(b) and 6(4)(a)). Her position against the dealer is a separate question.
This is a hypothetical example for illustration only, not a real case.
When should you involve a Dutch lawyer?
As soon as you suspect a mistake in the vetting or treatment, and before the horse is treated further or sold on; after that, its condition at the vetting is hard to establish. Protest within a reasonable time (Article 6:89).
I start with the documents: the instruction, the report and the X-rays. Then an independent vet looks at them, before anyone is held liable. Only when the facts are clear do we decide together whether to pursue the vet, the seller, or both. I first look for a settlement with the practice or its insurer.
How do we help with a claim against a Dutch vet?
We take the legal work off your hands, from the file and the expert to the letter of claim and, if needed, proceedings in the Netherlands:
- Obtain the file, establish the scope of the vetting, watch the deadlines.
- Instruct an independent vet and hold the practice liable in writing.
- Negotiate; if that fails, apply for a court-appointed expert or sue.
We act before the Dutch courts at first instance and on appeal, also for buyers from the UK, Ireland or the US who had a horse vetted here. If you are the seller and the buyer relies on the vetting against you, see sold a horse and the buyer complains.
Frequently asked questions about horse vetting in the Netherlands
Is a Dutch vet liable for missing something at the vetting?
Yes, if the vet did not observe the care of a good service provider (Article 7:401 Dutch Civil Code) and you suffered loss as a result (Article 6:74). The missed finding must fall within the agreed scope of the vetting.
Should I let the seller’s vet do the pre-purchase exam?
Not without your own instruction. If the seller is the client, you have no contractual claim against the vet (Article 6:74), only a possible claim in tort (Article 6:162).
Can I complain about a vet in the Netherlands?
Yes, to the veterinary disciplinary board if you are directly affected (Article 8.15 Animals Act). It can impose measures such as a warning or suspension (Article 8.31); damages are claimed in the civil courts.
How long do I have to claim against a Dutch vet?
Protest within a reasonable time after discovery (Article 6:89). The damages claim becomes time-barred five years after you knew of the loss and the liable person, and at the latest twenty years after the event (Article 3:310(1)).
Primary sources
- Dutch Civil Code Book 3: Article 3:2a, 3:310
- Dutch Civil Code Book 6: Article 6:74, 6:75, 6:89, 6:96, 6:101, 6:162, 6:233, 6:237
- Dutch Civil Code Book 7: Article 7:17, 7:18, 7:400, 7:401, 7:403
- Dutch Code of Civil Procedure: Article 150, 194, 196, 202
- Animals Act (Wet dieren): Article 4.2, 8.15, 8.31
- Rome I Regulation (EC) No 593/2008, Articles 4 and 6
Doubts about a vetting or treatment of your horse in the Netherlands? Tell me about your situation before the horse is treated further: call +31 20 210 31 38 or email mail@maakadvocaten.nl. — Faranaz Ishak
