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I buy a second-hand appliance: does the warranty of good working order follow?

Verified 13 August 2026 Law of Québec and Canada General information, not legal advice

In the United States? This answer is Québec and Canadian law. The US side of this site answers different questions, state by state: different law, and different coverage. Go to the US side

Short answer

The Act provides that the merchant or manufacturer answers for this warranty toward the subsequent purchaser. Note: it covers NEW goods sold from 5 October 2026 · it is the resale of such goods that is covered, not every second-hand purchase.

In detail

Section 38.6 is short and clear: “The merchant or the manufacturer is liable for the performance of the warranty provided for in section 38.1 to a consumer who is the subsequent purchaser of the goods.” The warranty therefore attaches to the GOODS, not to whoever bought them first. But s. 38.1 covers “the following new goods… that are the object of a contract of sale or long-term contract of lease”: the starting point remains new goods bought under the new regime.

In practice, this changes what is worth asking the seller for: the original proof of purchase and the initial delivery date become useful documents, since that is where the warranty draws its duration from.

What to document

The original proof of purchase if the seller has it, the initial delivery date, model and serial number. The listing or message describing the item to you.

Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.

Open the application Up to 3 files, no card · see the plans

And to put it in order: our free tools · number your exhibits, set your facts in date order, request a copy of your file. No account, and nothing leaves your browser.

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What this page is not

This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.