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What can I do if something I bought is defective (legal warranty)?

✓ Verified answer Written from official pages, with checked citations and a verification date.

General information, not legal advice. A good bought from a merchant is covered by warranties provided by law, which apply automatically and at no cost, even if the merchant or the manufacturer says the good is sold without a warranty. They let you require that the good can be used normally, lasts a reasonable time, has no hidden defect and matches its description. If the good is defective, you can go to the merchant, the manufacturer or both: they can repair it free of charge, exchange it or refund you. If that does not solve the problem, the Office de la protection du consommateur (OPC) suggests steps: negotiation, a formal notice, a complaint to the Office, then court.

Official page: How to assert legal warranties (Office de la protection du consommateur) ↗

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Key facts
Warranties covered
Fitness of the good for its use, reasonable duration, no hidden defect, conformity with the description (contract, advertising, representative's statements).
Cost of the warranty
It applies automatically and at no cost, even if the merchant or the manufacturer says the good is sold without a warranty.
Reasonable duration
The official page does not set a duration: it depends on the price paid, the contract and the conditions of use. The OPC describes it as a question of facts and "common sense".
Against whom
The merchant, the manufacturer or both, at your choice. Possible solutions: free repair, exchange or refund.
Operating warranty
Applies to certain appliances and electronic devices bought or rented new on or after October 5, 2026. The duration depends on the good: see the table on the OPC page.
Court if nothing works
Small claims for CAD 15,000 or less; Civil Division of the Court of Québec for more than CAD 15,000.
Steps
  1. Check what the legal warranty covers: the good must be usable for its normal purpose, last a reasonable time, have no hidden defect and match the description in the contract, the advertising and the representative's statements. This also applies to a used good bought from a merchant.
  2. Gather your documents: invoice, contract, advertising, user manual. The Office advises keeping them, because you will have to prove the relevant facts to assert your rights.
  3. Tell the merchant (and the manufacturer, if applicable) that the good is defective. You choose to deal with one, the other or both: a merchant cannot force you to go to the manufacturer.
  4. Ask for a solution: the merchant or the manufacturer may repair the good or have it repaired free of charge, exchange it or refund you. If the defective good caused you damage, they may also have to compensate you.
  5. If your good is an appliance or an electronic device bought new on or after October 5, 2026, also check the legal operating warranty (list of goods and durations on the OPC page): it gives you the right to a free repair during a fixed period.
  6. If the merchant refuses, first try to negotiate with them, then send a formal notice (mise en demeure). You can also contact the OPC to file a complaint: the Office informs you about your rights and remedies, but it is up to you to deal with the merchant.
  7. As a last resort, you can file a claim with the small claims court (CAD 15,000 or less) or with the Civil Division of the Court of Québec, depending on the amount claimed.
General information drawn from official sources. It does not replace legal, medical or financial advice. For your situation, contact the organization concerned or a professional.
Sources

Checked on October 5, 2026. Rules, deadlines and fees can change: always confirm on the official page above. Demande au Québec is an independent website, not a government site.

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