My appliance broke after the warranty ended, do I still have a remedy?

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

In detail

The manufacturer's warranty and the extended warranty sold at the counter are contractual warranties: they come from a contract, and they end on the date written in it. Alongside them, the Act imposes two warranties that do not have to be bought. Section 37 of the Consumer Protection Act sets out the warranty of fitness: "Goods forming the object of a contract must be fit for the purposes for which goods of that kind are ordinarily used."

Section 38 sets out the durability warranty, the one this question turns on. It carries no written expiry date: the goods must be durable in normal use "for a reasonable length of time", and that length is assessed on three factors named in the Act · the price, the terms of the contract and the conditions of use. A $2,000 appliance and an $80 appliance therefore do not have the same reasonable length of time, and no figure is set in advance.

Section 54 adds that the claim also reaches the manufacturer, even though the manufacturer sold nothing directly: "A consumer having entered into a contract with a merchant may take action directly against the merchant or the manufacturer to assert a claim based on an obligation resulting from section 37, 38 or 39." Section 272 lists what a court may order where an obligation under the Act has not been met: specific performance, performance at the merchant's expense, reduction of the consumer's obligations, rescission, setting aside or annulment of the contract, without prejudice to damages, and punitive damages may also be claimed.

A separate warranty of good working order was adopted for certain new goods (range, refrigerator, freezer, dishwasher, washing machine, dryer, television, computer, tablet, cellular telephone, video game console, air conditioner, heat pump). It is not yet in force: as of 9 August 2026, LégisQuébec displays "In force: 2026-10-05" before ss. 38.1 to 38.9, and the duration of that warranty is left to a regulation. Sections 37 and 38 are in force.

What to document

The invoice or contract, with its date. The method of payment · a bank or card statement carries a date no one disputes. Exchanges with the merchant, with their timestamps. The condition of the goods when the problem appeared: a photograph carries its date; a recollection does not.

Official sources

• art. 38 de la Loi sur la protection du consommateur (RLRQ c P-40.1) · read on 2026-08-09

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