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How to use the legal warranty

How to use the legal warranty
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More than just a legal term, the legal warranty is a lifeline for many Quebec consumers. When we make a large or small purchase, it’s comforting to know that a law exists to protect consumers against hidden defects and defective products. In this article, we delve into the heart of the legal warranty in Quebec, exploring its definition, specific features and the steps involved in claiming it. We’ll also explore credit card options that come with an extended warranty!

Whether you’re a consumer eager to understand your rights or simply curious better, this guide is for you.

What types of warranties are available for products and services?

When it comes to products and services, different types of warranties provide the consumer with protection against potential defects or problems. Here are the three most common types of warranty:

  • Legal warranty: Protection imposed by law ensuring that the product/service conforms to its description and is free from hidden defects.
  • Conventional (or manufacturer’s) warranty: Voluntarily offered by the seller or manufacturer, it explicitly covers repairs or replacements for a specified period.
  • Additional (or extended) warranty: Optional warranty purchased separately, offering extended or extended coverage beyond the conventional warranty.

The legal warranty ensures that any product purchased or service contracted for is of suitable quality and can be used for the purpose for which it is usually intended. Our first reflex is to buy the manufacturer’s extended warranty. But is it a good idea? Knowing the legal warranty makes you realize this option is far from necessary! We will come back to this later.

The different types of protection

The legal warranty is the protection offered by the OPC (Office de la protection du consommateur) when the manufacturer’s or extended warranty has expired. More precisely, it’s a legal recourse that includes four criteria for the goods you buy:

  1. Conformity to the product’s description at purchase (advertising, packaging, representative statements, etc.)
  2. The product serves its intended purpose.
  3. A « reasonable » lifespan, considering factors such as price, details shared about the asset, terms of use, etc.
  4. Absence of hidden defect

A good example

Fourteen months ago, you treated yourself to the latest smartphone worth $1,350. Then, one fine morning, the device resting on your nightstand suddenly becomes unresponsive.

After contacting your phone company, they redirect you to the manufacturer. To your dismay, the basic warranty expired two months ago! You might think, « Should I have purchased the extended warranty? »

However, another solution awaits – and it won’t cost you a dime: The legal guarantee! You can claim its value given the price you paid and what the manufacturer represented about the product. Now, how do you enforce this legal guarantee? It’s not rocket science, but it’s essential to know how.

The duration of the legal warranty is not explicitly defined by law. Unlike a conventional warranty (such as a manufacturer’s warranty), which has a specific duration, a legal contract lasts as long as expected for the type of product or service in question. The buyer will need to demonstrate that the purchased product didn’t meet the legal warranty even years after purchase. A hidden defect may be discovered later but may have been present at the time of purchase.

No, the law is not the same between Quebec and the rest of Canada regarding the legal warranty. In Canada, each province and territory has its consumer protection legislation.

In Quebec, the legal warranty is defined by the Civil Code of Quebec (CCQ) and the Consumer Protection Act (CPA). The CCQ stipulates that the property must be put to everyday use for a reasonable period. On the other hand, the LPC stipulates that the good must be durable about the price paid, the use and the remainder. It also offers protection against hidden defects.

Although the laws differ in the other Canadian provinces and territories, they all tend to offer some form of consumer protection. In Ontario, for example, the Consumer Protection Act applies.

In Quebec, the seller cannot exclude the legal warranty. The legal warranty automatically covers all goods sold by a retailer.

However, in some circumstances, the seller can sell a product « as is, « meaning without warranty. This is often the case for second-hand goods. But even then, the product must still be fit for its intended use and shouldn’t have undisclosed defects known by the seller.

Suppose a seller tries to sell you a product without a legal warranty. In that case, it might be beneficial to consult with an attorney or the Consumer Protection Office to understand your rights.

Depending on the item, a seller might specify there’s no legal warranty, although they must disclose known defects. Here are scenarios where this might not apply:

  • Estate sale: When a property comes from an estate and the heirs have not lived in the house, they may not be aware of potential problems. Selling these properties without a legal warranty is standard practice to avoid liability for hidden defects.
  • Bank foreclosure: When the bank repossesses a property due to non-payment of a mortgage, it usually sells the property without legal security, as it has no direct knowledge of the house’s condition.
  • Non-resident sellers: If the seller never lived on the property (e.g., an investor), they might sell without a legal warranty to avoid future claims.
  • Lower price: Sometimes, selling without a legal warranty can justify a lower selling price, attracting buyers willing to take the risk in exchange for a reduced price.
  • Avoiding liability: By selling without a legal warranty, the seller minimizes his liability in the event of the discovery of hidden defects or faults after the sale.
  • Properties with known issues: If the seller is aware of significant property issues and doesn’t wish to invest in repairs, they might opt for a sale without a legal warranty to evade potential later disputes.

Although the legal warranty offers robust protection, it is possible to come across exclusions or limits to these, whether complete or partial, which may affect the scope of your rights, hence the importance of fully understanding them before purchasing any goods, whether a house, an appliance or a vehicle. Knowing the nuances of each category is crucial to ensuring that your consumer rights are fully respected.

As a result, the legal warranty does not cover all problems. For example, normal wear and tear of a device or damage caused by misuse will mean the legal warranty cannot be considered.

Yes, in Quebec, the legal warranty applies to a wide variety of goods:

  • Everyday consumer goods: household appliances, electronics, furniture, toys, clothing, etc.
  • Vehicles: cars, motorcycles, boats, bicycles, etc.
  • fixed assets: houses, apartments, land, etc.
  • Repair or maintenance services.

This guarantee is automatic and does not always need to be mentioned, as is the case, for example, in a contract for the sale of a property, but it ensures that the property sold :

  1. It can be used for the purpose for which it was purchased.
  2. It has no hidden defects that could have affected its value or usefulness to such an extent that the buyer would not have purchased the item or paid the asking price had he been aware of it.
  3. Corresponds to the description in the sales contract.

However, there are some exceptions to this rule. For example, suppose the seller is not a real estate professional (i.e. an individual selling his property). In that case, he may be exempt from the warranty of quality in the event of hidden defects if he is unaware of these defects.

Note that this legal warranty differs from the new home warranty, a mandatory warranty offered by the builder of a new home.











Credit cards with extended warranty: yes!

The legal warranty is a right you can be proud of. Ultimately, this is one of the world’s most comprehensive consumer protection systems, making shopping even safer for the consumer!

However, some extended warranties are well worth a closer look! Such is the case with the extended warranty automatically offered by these credit cards. Many credit cards in Canada offer extended warranties that can extend a product’s original warranty. In other words, as soon as you buy one of these, your purchases benefit from a warranty of up to two years in addition to the manufacturer’s warranty.

The most advantageous are as follows:

Annual fee
$0 $70
No annual fee the first year
Our valuation
$430
Milesopedia first-year estimateFirst-year valueWelcome bonus$360Annual fee rebated$70Total$430Rewards on your spending are not included. The calculator that adds them from your own profile is on the card's page.
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Terms of the offer

  • Earn 1 point per dollar
  • Trip interruption / cancellation insurance
  • Flight / Baggage insurance in case of delay
  • Vehicle rental insurance
  • Extended warranty
  • Purchase protection against theft or damage
 

The National Bank Platinum Mastercard® lets you earn up to 40,000 reward points, plus a refund of the $70 annual fee for the first year for the primary cardholder:

  • 10,000 points when you sign up for credit card payment insurance and keep it for at least the first 3 months
  • 15,000 points after $2,500 in purchases within the first 3 months
  • 15,000 points after $10,000 in purchases within the first 12 months

You have until November 4, 2026 to apply.

After that, you earn:

  • 2 points per dollar on grocery and restaurant purchases
  • 1.5 points per dollar on gas, EV charging, recurring bills and travel booked through the À la carte agency

Since it is a Mastercard, you can use it at Costco. Unlike the other two National Bank travel rewards cards, it does not require a minimum income.

The card includes mobile device insurance, an extended warranty on your purchases, and comprehensive travel insurance for trips of 10 days or less, with emergency medical coverage plus trip cancellation and interruption.

The annual fee is $70, plus $35 per additional card. The annual interest rate is 20.99% on purchases and 22.49% on cash advances.

Annual fee

Primary card$70
Additional card$35

Annual income required

Individual$0
Household$0

Conversion fees

2.5%

Earning rate

  • 2xGroceries
  • 2xRestaurants
  • 1.5xBills & recurring payments
  • 1.5xGas & EV
  • 1.5xTravel
  • 0.67xAll spending

Value

1st Year Value$749
2nd Year Value$209

Travel insurance

Travel medical (under 55)Up to $5,000,000 / 10 days
Travel medical (55-64)Up to $5,000,000 / 10 days
Travel medical (65+)Up to $5,000,000 / 10 days
Trip CancellationUp to $1,000
Trip InterruptionUp to $1,500
Delayed BaggageUp to $500
Lost BaggageUp to $1,000
Flight DelayUp to $500

Purchase protection

Purchase ProtectionIncluded
Extended Warranty+2 years
Mobile DeviceUp to $1,000 / 2 years
Auto Rental Collision (primary)Up to $65,000 / 48 days
Exclusive
Annual fee
$0 $150
No annual fee the first year
Our valuation
$150
Milesopedia first-year estimateFirst-year valueAnnual fee rebated$150Total$150Rewards on your spending are not included. The calculator that adds them from your own profile is on the card's page.
Welcome offer
First Year Annual Fee Rebate
$150 annual fee rebated
Ends Nov 4, 2026
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With Milesopedia, take advantage of an exclusive offer: your first-year annual fees are refunded with the National Bank World Elite Mastercard. This offer is exclusively available on the Milesopedia network, from June 30 to November 4, 2026.

  • Refund of the first-year annual fee (a $150 value) for the primary cardholder. This fee is charged to your new card account, then refunded as a credit on your statement within five months of opening your account, provided it remains open and in good standing.

The National Bank World Elite Mastercard is the best Mastercard credit card offered by NBC.

With this card, you earn up to 5 points per dollar on your purchases:

  • 5 points per dollar for groceries and restaurants
  • 2 points per dollar on gas and electric recharge purchases
  • 2 points per dollar on recurring bills
  • 2 points per dollar on À la carte Travel
  • 1 point per dollar for all other purchases

And since it’s an NBC mycredit Mastercard, you can use it at Costco.

With this card, you have access to a $150 annual travel credit that you can use in any of these categories:

  • Airport parking
  • Baggage fees
  • Seat selection
  • Access to airport lounges
  • Airline ticket upgrades

What’s more, you can enjoy access to DragonPass airport lounges and unlimited access to the National Bank Lounge at Montreal-Trudeau.

Finally, Milesopedia has named the National Bank World Elite Mastercard as the Best Travel Credit Card in 2023, 2024, 2025, and 2026.

Annual fee

Primary card$150
Additional card$50

Annual income required

Individual$80,000
Household$150,000

Conversion fees

2.5%

Earning rate

  • 5xRestaurants
  • 5xGroceries
  • 2xTravel
  • 2xBills & recurring payments
  • 2xGas & EV
  • 1xAll spending

Value

1st Year Value$778
2nd Year Value$923

Card benefits

Airport lounge access$400
Travel creditsIncluded

Travel insurance

Travel medical (under 55)Up to $5,000,000 / 60 days
Travel medical (55-64)Up to $5,000,000 / 31 days
Travel medical (65+)Up to $5,000,000 / 15 days
Trip CancellationUp to $2,500
Trip InterruptionUp to $5,000
Delayed BaggageUp to $500
Lost BaggageUp to $1,000
Flight DelayUp to $500
Travel AccidentIncluded

Purchase protection

Purchase ProtectionIncluded
Extended Warranty+2 years
Mobile DeviceUp to $1,000 / 2 years
Auto Rental CollisionUp to $65,000 / 48 days
Annual fee
$115
Welcome offer
No current welcome offer
Apply Now

on National Bank's website

Terms of the offer

  • Earn up to 2 points per dollar
  • Comprehensive travel insurance
  • Out-of-province-of-residence medical/hospital insurance
  • Trip interruption / cancellation insurance
  • Flight / Baggage insurance in case of delay
  • Vehicle rental insurance
  • Extended warranty
  • Purchase protection against theft or damage
  • 24/7 concierge service
 

Don’t have the minimum income required by National Bank World Elite Mastercard? Then National Bank World® Mastercard® may be a good option for you. This requires a $50,000 individual income (or $80,000 household income).

You can earn up to 2 points per dollar on your purchases. And since it’s a Mastercard credit card, you can use it at Costco.

In addition, you can enjoy access to LoungeKey airport lounges.

And you’ll enjoy up to 60 days’ coverage with its travel, trip cancellation/interruption, baggage loss and car rental insurance.

Annual fee

Primary card$115
Additional card$35

Annual income required

Individual$50,000
Household$80,000

Conversion fees

2.5%

Earning rate

  • 1.25xAll spending

Value

1st Year Value$189
2nd Year Value$155

Travel insurance

Travel medical (under 55)Up to $5,000,000 / 60 days
Travel medical (55-64)Up to $5,000,000 / 31 days
Travel medical (65+)Up to $5,000,000 / 15 days
Trip CancellationUp to $2,500
Trip InterruptionUp to $5,000
Delayed BaggageUp to $500
Lost BaggageUp to $1,000
Flight DelayUp to $500

Purchase protection

Purchase ProtectionIncluded
Extended Warranty+2 years
Auto Rental CollisionUp to $65,000 / 48 days
Featured
Annual fee
$0 $139
No annual fee the first year
Our valuation
$1,139
Milesopedia first-year estimateFirst-year valueWelcome bonus$1,000Annual fee rebated$139Total$1,139Rewards on your spending are not included. The calculator that adds them from your own profile is on the card's page.
Welcome offer
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+ First Year Annual Fee Rebate
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With this offer for the TD® Aeroplan® Visa Infinite* Card, you can get up to 50,000 Aeroplan points as well as an Annual Fee rebate for the first year.

  • Earn a welcome bonus of 10,000 Aeroplan points when you make your first Purchase with your new Card
  • Earn 15,000 Aeroplan points when you spend $3,000 within 90 days of Account opening.
  • Plus, earn a one-time anniversary bonus of 25,000 Aeroplan points when you spend $12,000 within 12 months of Account opening

This card also allows you to enjoy travel benefits, such as a free first checked bag for you and up to 8 travel companions on the same reservation, as well as a rebate on the NEXUS program application fee (up to $100 CAD per eligible cardholder) every 48 months.

With the TD® Aeroplan® Visa Infinite* Card, you earn 1.5 points per $1 spent on:

  • Grocery purchases
  • Gas and electric vehicle charging purchases
  • Purchases made directly with Air Canada® (including Air Canada Vacations®)

You also earn 1 point per dollar on all other eligible purchases made with your card.

Annual fee

Primary card$139
Additional card$75

Annual income required

Individual$60,000
Household$100,000

Conversion fees

2.5%

Earning rate

  • 1.5xGas & EV
  • 1.5xGroceries
  • 1.5xAir Canada flights
  • 1xAll spending

Value

1st Year Value$1,714
2nd Year Value$425

Card benefits

Concierge service24/7

Travel insurance

Travel medical (under 55)Up to $2,000,000 / 21 days
Travel medical (55-64)Up to $2,000,000 / 21 days
Travel medical (65+)Up to $2,000,000 / 4 days
Trip CancellationUp to $1,500
Trip InterruptionUp to $5,000
Delayed BaggageUp to $1,000
Lost BaggageUp to $1,000
Flight DelayUp to $500
Hotel BurglaryUp to $2,500
Travel AccidentUp to $500,000

Purchase protection

Purchase ProtectionIncluded
Extended Warranty+1 years
Mobile DeviceUp to $1,000 / 1 years
Auto Rental CollisionUp to $65,000 / 48 days

The legal warranty and the warranty against hidden defects are two distinct concepts that are sometimes confused because of their similarities. However, they have different implications and applications.

The legal warranty is an automatic protection for consumers when purchasing a good or service. It ensures that the product or service functions correctly is durable for a reasonable period and corresponds to the description given by the seller.
It requires no specific mention in the sales contract and applies automatically unless explicitly excluded (in some jurisdictions, it may be illegal to exclude the legal warranty).
It generally applies to apparent defects and problems that arise during a given period after purchase.

Warranty against hidden defects

The warranty against hidden defects covers defects not apparent at the time of purchase but present at the time of the transaction. These hidden defects render the good unfit for its intended use, or so diminish its usefulness that the buyer would not have purchased it, or would have paid a lower price, had he been aware of them.
This warranty applies even if the seller was unaware of the hidden defect. However, if the seller was aware of this and did not disclose it, there may be additional legal implications.

So what prevails?

If a defect is discovered after purchase, and it is determined to be a latent defect present at the time of sale, then the warranty against latent defects will prevail. The consumer may request repair, replacement or cancellation of the sale, depending on the seriousness of the defect.

The legal warranty applies if the defect is apparent, occurs shortly after purchase and is not hidden. The consumer may benefit from repair, replacement or price reduction.

In all cases, it’s essential to document the problem and consult local laws to understand your rights as a consumer.

After a few attempts at resuscitation, nothing could be done. Your device really has given up the ghost. No choice but to buy a new phone, and fast.

All is not lost here. Asserting your legal warranty can be complex, requiring a thorough knowledge of your rights. Consumers need to know the steps to take, the organizations to contact and how to dispute if the warranty is not honoured. It only takes a few steps on your part, and for the price, it’s often well worth it!

To do so, first contact the retailer or manufacturer, before filing a complaint with the Office de la protection du consommateur. You can do so by phone, in writing or in person. When you contact the retailer or manufacturer, you must explain the problem you are experiencing with the product. You must also provide proof of purchase, such as an invoice or receipt.

The dealer or manufacturer must respond within a reasonable time. If he agrees to reimburse, repair or replace the good, he must provide you with an estimate or a repair or replacement date. For example, you can claim the value of your old phone under the legal warranty. In general, it can take several months to conclude.

In the event of a dispute or difficulty in speaking with the dealer or manufacturer, consult the Office for advice. If negotiation is not an option, you can opt for a formal notice or a complaint.

What if there were other solutions to guarantee your assets for longer? This is the case with extended warranty credit cards. Here’s a solution that could save you a lot of headaches.

What to do about hidden defects?

When you discover a hidden defect, it’s essential to act quickly and appropriately to assert your rights. Here are the steps to follow if you find yourself in this situation:

Document the hidden defect

Take clear photos or videos of the defect.
Keep all documents related to the purchase, such as the invoice, sales contract, e-mail correspondence or any other relevant document.

Inform the seller

Contact the seller or manufacturer as soon as you discover the hidden defect to inform them of the situation. It’s best to do this in writing (registered letter, e-mail) to keep a record of the communication.
Describe the problem in detail and indicate what you expect (repair, replacement, refund).

Give the seller a reasonable deadline

Give the seller a chance to remedy the situation. He can choose to repair, replace or refund the item.

Consult an expert, if necessary

If the seller disputes the latent defect, or if it’s difficult to determine the cause of the problem, you may need a professional appraisal. This expert will assess the defect and determine whether it is a hidden one.

Think about mediation

If the seller refuses to act, or if you cannot reach an agreement, consider mediation. This approach enables an amicable solution to be found with the help of a neutral mediator.

If all previous attempts fail, you may want to consider taking legal action. Depending on the value of the dispute, this could take place in Small Claims Court or another legal forum.

Find out about your local rights

Laws concerning latent defects may vary by province or territory. In Quebec, for example, the legal warranty against hidden defects is enshrined in the Civil Code of Quebec. Make sure you know your specific rights in your jurisdiction.

Consult a lawyer

If the situation proves complex or you decide to take legal action, it may be wise to consult a lawyer specializing in consumer law.

Remember that a hidden defect is one that was not apparent at the time of purchase and which renders the item unfit for its intended use or so diminishes its usefulness that the buyer would not have purchased it or would not have paid the asking price, had they been aware of it.

  • Keep all documents relating to your purchase, such as the invoice or receipt. This will enable you to prove that you have purchased the item and that the legal warranty covers it.
  • Inform the dealer or manufacturer of the problem as soon as possible. The faster you act, the easier it will be to get a refund, exchange or simply solve the problem.
  • Be polite when contacting the dealer or manufacturer. This will help you achieve a better result and make negotiations easier.

Here are some examples of when you can invoke the legal warranty:

  • You buy a TV that turns on and off at random.
  • You buy a laptop that won’t boot.
  • You buy a car with an oil leak.
  • You buy a piece of furniture that is broken.
  • You buy a garment that tears in the first wash.

Bottom Line

The legal warranty is more than just a legal term; it’s a solid protection for every Quebec consumer. Understanding it and knowing how to use it is essential to guarantee safe purchases.

What is the minimum legal warranty in Quebec?

In Quebec (Canada), the Consumer Protection Act stipulates that goods purchased must have a reasonable life, but no fixed duration is specified. This depends on the nature of the good, its price, the terms of the contract and the conditions of use.

Can you sell without a legal warranty?

In Canada, particularly in Quebec, it is possible to sell a property « without legal warranty, » which means that the property is sold « as is, « and the buyer assumes all risks associated with any hidden defects or other problems that may arise after purchase. However, the words « without legal warranty » must be clearly stated in the sales contract.

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Annual fee
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Our valuation
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The Marriott Bonvoy® American Express®* Card is the best credit card in Canada for free hotel nights.

New Cardmembers can earn up to 110,000 Marriott Bonvoy® points with the current offer:

  • Earn 80,000 points after you spend $6,000 on your Card in your first 6 months of Cardmembership.
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This offer ends on September 22, 2026. The annual fee is $120, and there is no annual fee on Additional Cards, so you can add a partner or a family member at no extra cost.

Every year after your first Card anniversary, you receive an Annual Free Night Award good for a redemption of up to 35,000 points at eligible hotels and resorts worldwide. At a valuation of 0.9 cents per Marriott Bonvoy point, that certificate is worth roughly $315, which on its own more than covers the $120 annual fee. That is the main reason to keep this Card year after year instead of cancelling it.

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The Card also gives you 15 Elite Night Credits each calendar year and automatic Marriott Bonvoy Silver Elite status. Those credits count toward the next Elite tier, so you begin every year 15 nights ahead of where you would otherwise start.

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Marriott Bonvoy points pull their weight on free nights rather than on gift cards or merchandise, which is why this Card should be judged on the hotel stays it produces.

You earn 5 points per dollar on eligible purchases at participating Marriott Bonvoy hotels and 2 points per dollar on all other purchases. Points can be redeemed for free nights with no blackout dates at more than 7,000 hotels around the world.

The Card carries a solid package of coverages: $500,000 travel accident insurance, flight delay, baggage delay, lost or stolen baggage and hotel or motel burglary at $500 each, car rental theft and damage up to $85,000 for rentals of up to 48 days, Purchase Protection for 90 days and a one year Extended Warranty.

Two things to plan around: the 2.5% foreign transaction fee on purchases made in a foreign currency, and the 21.99% purchase interest rate, which makes this a Card to pay in full every month. Like all American Express Canada Cards, no minimum income is published for this Card, and you can see whether you would be approved before you apply, with no impact on your credit score.

Annual fee

Primary card$120
Additional card$0

Annual income required

Individual$0
Household$0

Conversion fees

2.5%

Earning rate

  • 5xMarriott Bonvoy hotels
  • 2xAll spending

Value

1st Year Value$1,437
2nd Year Value$312

Travel insurance

Delayed BaggageUp to $500
Lost BaggageUp to $500
Flight DelayUp to $500
Hotel BurglaryUp to $500
Travel AccidentUp to $500,000

Purchase protection

Purchase ProtectionIncluded
Extended Warranty+1 years
Auto Rental Collision (primary)Up to $85,000 / 48 days

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