Used vehicles: what guarantees are provided by law?

In Quebec, used-vehicle buyers have a number of options for protecting their purchase, including extended warranties. First and foremost, however, there are statutory warranties that apply automatically and at no cost.

As the Office de la protection du consommateur (OPC) explains, there is a warranty of use, a warranty of reasonable duration and a warranty against hidden defects. These require that the vehicle purchased or leased be fit for the purpose for which it was normally intended, that it last a reasonable length of time, that it be free from latent defects (a major defect that was present before the sale, but not disclosed and therefore impossible to know about), and that it conform to the description in the contract and the representations made by the sales representative.

The notion of "reasonable duration" isn't precise, however, as a number of variable factors must be taken into account, including the price paid, the contract clauses and the conditions of use of the vehicle. In other words, says the OPC, it's not reasonable to expect a car worth $15,000 to last as long as one with the same features but worth $30,000.

Functional guarantee

Coming into force on April 5, 2024, the Law protecting consumers against programmed obsolescence and promoting the durability, repairability and maintenance of goods obliges used vehicle retailers to provide consumers with a functional guarantee free of charge.

This warranty is now applicable to older models, and covers not only the parts and labor required to keep the car in good working order, but also reasonable towing or breakdown costs. Excluded are normal maintenance, personalization or decoration elements, damage resulting from abusive use, and defects that the dealer has mentioned on the label (provided he has included an estimate of the cost of repair).

The duration of the functional guarantee varies according to the vehicle's market launch date and mileage:

Please note that if your used vehicle is defective or cannot be used for its intended purpose, you must inform the dealer of the problem (and the manufacturer, if applicable, but you are under no obligation to do so), advises the OPC. The dealer or manufacturer may, at their option, repair the vehicle free of charge, exchange it or reimburse you. They may also have to compensate you if you have suffered damage while using a defective vehicle.