
When you buy or rent a product, you expect it to work. In an ideal world, everything you buy would be of high quality, durable, safe, free of defects and meet your expectations! Unfortunately, that's not always the case.
The Legal Warranty: Automatic Minimum Protection
The legal warranty is a minimum legal protection for consumers. It applies automatically when you buy something.
The legal warranty says that, if a merchant sells you something that isn't of good quality, durable, safe and in line with any expectations created by the merchant, you can, among other things, get a refund or have the product replaced. (Merchants are people doing business.) The legal warranty also protects consumers against hidden defects.
A legal warranty covers all products bought or leased (rented) in Quebec, even if they come from somewhere else. It is provided to consumers free of charge.
Merchants and manufacturers must respect this legal warranty. Before offering an extra warranty to consumers, such as an extended warranty or other protection plan, they must inform consumers orally and in a written notice that they already benefit from the free legal warranty.
The Legal Warranty Is Attached to the Product
The legal warranty is attached to the product. What does that mean?
This means that if you sell the product to someone else, the other person can use the legal warranty, unless it has expired.
Important! Did you buy something from someone (an individual) who is not a merchant? Remember, a merchant is someone who is selling as part of a business.
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Various Kinds of Protection Under the Legal Warranty
1. QUALITY
You must be able to make normal use of the product. In other words, it has to work. This is protection against a product sometimes called a "lemon."
For example, a lawnmower that doesn't mow your lawn doesn't work for its normal use.
2. DURABILITY
The length of time a product lasts, also called the "life expectancy", should be reasonable given the price paid, the terms of the contract and any conditions that apply to the use of the product.
In other words, you are protected against defects in a product that appear after you buy it if you use the goods properly.
Of course, an expensive high-end product will be under the legal warranty for a longer time than a cheaper low-quality product.
Since consumers and merchants don't always agree on what is a reasonable length of time, this question is often debated in the courts. Here are a few examples of life expectancy considered to be too short. In other words, the merchants had to compensate the consumers:
- two years for a refrigerator
- three years for a plasma screen TV worth $2,999
- five years for a tumble washer worth $950
These examples give you a general idea of reasonable life expectancy. Each situation is different depending on the product and the evidence brought before the court.
3. PRODUCT MUST MATCH DESCRIPTION
Products you buy must reflect
- the description of the product in the contract,
- the merchant's advertising, and
- statements or representations made by the merchant verbally or in writing at the time of the sale (or lease).
4. SAFETY
A product you buy must be safe: it must not pose a danger to people who use it. You must be warned of any risks.
Careful! If a consumer uses a product inappropriately, the legal warranty doesn't apply.
Also, if the potential dangers of a product are not described well enough, this can be considered a hidden defect. (See the section below on hidden defects.)
Sometimes, dangers appear after a product is put on the market. In these situations, the legal warranty does not apply. But the manufacturer still has to protect the public by informing people on an ongoing basis about any dangers. This is often done in the form of a "recall."
5. HIDDEN DEFECTS
For the warranty against hidden defects to apply, the defect must be significant, serious and hidden. Let's look at this in more detail:
- A significant defect: if you had been informed of the defect, you wouldn't have bought the product or you wouldn't have paid as high a price.
- A serious defect: if the default prevents the product from working properly or being used for the purpose for which it was bought, or if it results in repair costs and inconvenience.
- A hidden defect:
- If it was not mentioned to you even though the merchant or the manufacturer was supposed to inform you about it, or
- if you could not have discovered it by an ordinary examination.
An ordinary examination is one that lets you discover an apparent defect, which is a defect that is easy to notice without being an expert. For example, clearly visible cracks in the boards of wood flooring are easy to see and therefore aren't a hidden defect.
For the warranty against hidden defects to apply, the defect must also have existed before you bought the product. In some cases, help from an expert is necessary to prove that the defect existed before the product was sold.
Certain specialized sellers are considered professionals in a particular field. This is the case for manufacturers. Because of this, the defects in the products they sell or manufacture are considered to exist when the product is sold, unless the manufacturer proves that the defect results from the improper use of the goods by the buyer.
How to Use the Legal Warranty
The first thing you have to do is notify the merchant or manufacturer in writing as quickly as possible. You need to say that you've discovered a defect and give the merchant or manufacturer a chance to correct the problem. This is what's called the notification stage.
To meet the requirements of the legal warranty, the merchant or manufacturer generally suggests one of these solutions:
- give a full refund or reduce the purchase price
- replace the product or pay you the cost of replacing it
- repair the product
- pay you the cost of any parts replaced to make the product work
- refund you for any maintenance you had to do, for a reasonable amount of time
The merchant or manufacturer might tell you that the last two solutions will not be possible if there is ever a problem with the product. However, they must notify you about this in writing before you purchase the product.
If you have any trouble enforcing your rights when using the legal warranty, or if you want to file a complaint against a merchant, you can contact the Office de la protection du consommateur (consumer protection bureau).
To find out more about enforcing your rights as a consumer, read our article Solving Problems: Options for Consumers.
Other Legal Warranties: Vehicles, New Homes, BuildingsConsumers benefit from different warranties when they buy a used vehicle from a merchant. Also, if you buy a new house, you might benefit from a special warranty. To find out more about warranties on buildings, read our article Hidden Defects in Buildings. |
Important !
This article explains in a general way the law that applies in Quebec. This article is not a legal opinion or legal advice. To find out the specific rules for your situation, consult a lawyer or notary.




