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Discussion Starter · #1 · (Edited)
This apply to Quebec. In other province there may be something similar.

Au Quebec, un vendeur ou manufacturier peux etre tenu de reparer ou remplacer un bien de luxe lorsque celui-ci ne repond pas a une duree de vie satisfaisante. Extrait de "legitime depense"


This clip in french explain that there is a legal warranty when buying an expensive good like TV, computer, etc. Even if a $3000 tv has a warranty of 1 year from the manufacturer, legally in Quebec, the seller or manufacturer may have to replace or repair the tv even after 4 years.

Automate translation of the web page;

It is believed that the collateral property is for a period of one year, but it is false, this can be much longer. By the Act on the protection of consumers and the civil Code of Quebec, all assets that it acquires a merchant receive a legal guarantee of quality, even if the merchant submits the opposite.

What is the legal warranty?

The legal warranty is a guarantee under the Act on the protection of the consumer can require that the property purchased has a quality and durability proportional to the price paid.

So if I pay a shows $200, it's not normal breaks at the end of a few months or even a year, even if the manufacturer's warranty has expired. But if I pay a watch $5 and it breaks at the end of one year, having regard to the price paid, it has achieved reasonable life.

So it all depends on the price paid to the type of property. It is therefore impossible to determine a reasonable lifespan for each type of property: so many years for so many years for a TV or a fridge. Everything depends on the price paid and the conditions of use.

This legal warranty allows you to require that the property you buy:
• do not vice hidden, or:
o malfunction so important that you have not acquired the property or wouldn't pay so much if you had had knowledge of the defect before the acquisition;
o a defect which does not have been disclosed and that you couldn't detect by ordinary inspection of the property;
o a defect that existed prior to the acquisition of the property.
(Note that in case of dispute before a tribunal, proof of the presence of a latent defect often requires the expert testimony).
• can be used for the use to which it is normally intended;
• offers a reasonable period, taking into account the price paid, contract and conditions of use of the property.

And repair?

The consumer protection Act also provides for spare parts and service for necessary repairs to the maintenance of a good shall be at your disposal for a reasonable period. If the dealer or manufacturer wants to escape from this obligation, it should notify you, in writing, before the conclusion of the contract.

Finally, please be aware that you cannot repair the defective good by a third party without having obtained the permission of the manufacturer or the trader or without having previously put him notice to repair, or lose his rights and remedies. These rules also apply to the conventional safeguards as well as the additional guarantees.

And if it offers an extended warranty?

The consumer protection act, which changes came into effect on June 30, 2010, provides that the common practice of merchants you offer an extended warranty, will now be framed.

To offer you an extended warranty, the merchant must obligatorily verbally inform you and give you written notice mentioning the existence of the statutory warranty. This notice will also be displayed and framed in the store. Here is what it should say:

"The law gives a guarantee on the property you buy or rent and must be used for its normal use for a reasonable period."

If merchant does not comply with these obligations, it is fine as it is deemed overlooked one important fact. Should then bring complaints to the consumer protection agency.

If the merchant still sold you coverage extended without inform you, you can terminate this warranty.

What happens if we buy a product of chance, what is the legal warranty still work?

If it sells the property, the statutory warranty follows the property. It is not necessary to have in his possession the invoice of the property. If we take the example of a quality camera purchased second-hand, if it breaks, you can contact the manufacturer and claim that latter repairs. With the serial number is it recognize his camera. Obviously this also depends on the age of the aircraft.

How long can last a legal warranty?

Course, from a number of years, it is more difficult to know if the statutory warranty is still valid. In case of dispute, what the courts that adjudicate. The judge will ask if, for example a television at this age, paid this price should there still be serviceable.


Dominique Gervais
Option consommateurs

Useful links

The consumer protection agency

Statutory warranty
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