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Request for performance of a legal warranty (CPA, ss. 37-39.7, 53-54)

Prepare a written request to the merchant or the manufacturer for performance of the legal warranty that applies to your goods.

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What you will prepare

  • Goods: description, price, date of delivery (the warranty of good working order takes effect on delivery, s. 38.4)
  • Merchant and manufacturer (recourse against either, s. 54; subsequent purchaser, s. 38.6)
  • Warranty relied on: good working order (s. 38.1, in force since 2026-10-05), fitness and reasonable durability (ss. 37-38), replacement parts and repair services (s. 39)
  • Defect observed and dates
  • What is requested: repair (parts and labour, s. 38.2), transport costs (s. 38.5), or other

Information to have ready

Sender and recipient names and addresses, letter date, proposed delivery method, relevant facts, requested remedy and supporting records. No court caption is required by this drafting tool.

Review before sending

Check the facts, amount and requested remedy, applicable requirements, recipient, confidentiality and signature before sending. Arrange delivery yourself and keep its evidence. Exporting a draft does not send the letter or prove receipt.

The official reference below concerns Québec only. For another province, verify its applicable requirements. The tool does not supply a universal response deadline.

Fictional writing examples

Examples are inspiration only. Replace every detail with your verified facts; opening an example never adds it to your case.

Goods: description, price, date of delivery (the warranty of good working order takes effect on delivery, s. 38.4)

Example (fictional): washing machine, model X, $899, delivered on 15 October 2026. The OPC suggests keeping the proof of delivery.

Merchant and manufacturer (recourse against either, s. 54; subsequent purchaser, s. 38.6)

Name the merchant and the manufacturer with their addresses; the request may be sent to either (s. 54, 13-02 summary).

Warranty relied on: good working order (s. 38.1, in force since 2026-10-05), fitness and reasonable durability (ss. 37-38), replacement parts and repair services (s. 39)

Cite the section relied on. The duration of the warranty of good working order depends on the goods (OPC table; to read for your goods).

Defect observed and dates

Factual description, with dates and exhibits (photos, repair report). Example (fictional): since 2 November 2026 the machine stops during the spin cycle.

What is requested: repair (parts and labour, s. 38.2), transport costs (s. 38.5), or other

State precisely what you ask; any date you set for an answer goes in your own words here (the letter prints no response date). For parts and repair services, s. 39.5 provides a written answer “dans un délai de 10 jours”.

Category and limits

Complete template to fill in yourself · category A · practice area : Consumer & small claims · offered in case files of type : Other (small claims, neighbours…), Consumer & small claims

Complete template that you fill in for your own file. The fixed text only carries the mentions the cited provisions require; the facts, choices and requests are yours. The tool does not file, serve, swear or send anything, does not choose a remedy or a deadline for you, and guarantees no outcome (Act respecting the Barreau du Québec, s. 128: “to prepare and draw up a notice, motion, proceeding or other similar document intended for use in a case before the courts”, “performed for others”, is the exclusive prerogative of the practising advocate or solicitor).

What the provisions read require

Time limits read

  • Parts and repair services: answer in writing within 10 days (s. 39.5). The duration of the warranty depends on the goods (OPC table).

Exhibits and documents

  • Invoice, proof of delivery (suggested by the OPC), photos, repair report.

To verify (not read or not settled)

  • Regulation fixing the durations of the warranty of good working order (CPA, s. 38.1, para. 2): absent from the consolidation read (13-02); durations to read on the OPC table.
  • Exact wording of ss. 37-38 and 53-54: not quoted by 13-02.
  • If there is no answer, a formal notice (qc-mise-en-demeure) can follow.

Complete template (category A). CPA ss. 37-39.7 and 53-54 are quoted or summarized as read by research 13-02 (LégisQuébec, current to 12 August 2026); the warranty of good working order is in force since 2026-10-05 according to 13-02 and the OPC. The tool does not decide which warranty applies. Québec statutes and most Québec sources linked here were read in French; English wording in this guide is an unofficial summary unless an official English text is linked.

Preuve en main is a preparation and legal-information tool. It gives no legal advice, replaces neither a lawyer nor the official form, and guarantees no outcome.

LégisQuébec — Loi sur la protection du consommateur, P-40.1 ↗

Office de la protection du consommateur — Garantie de bon fonctionnement ↗

Office de la protection du consommateur — Faire une mise en demeure ↗