of C.C.Q. establish a quality assurance system that creates a liability of the seller and a system of protection of the buyer according to which the seller guarantees to the buyer that the goods are free from hidden defects. Articles 1468, 1469 and 1473 of the Civil Code of Québec also enact provisions of general application relating to “dangerous goods”. As we shall see below, the uncertain good is one that does not offer the security that the public can rightly expect. The time limit for bringing an action under the Civil Code of Québec and the Consumer Code (the remedy referred to in this section) is three (3) years from the date on which the right to bring an action arose. To learn all about quality assurance, put this book on hold: damage is usually allowed. However, as part of the quality guarantee, article 1728 C.C.Q. stipulates that, in order to be entitled to do so, the Buyer must prove that the Seller knew of the defect at the time of sale and did not complain about the defect or that the Seller is subject to a presumption of knowledge due to its status as a professional seller. The legal warranty states that if a dealer sells you something that is not of good quality, durable, safe and meets the merchant`s expectations, you can, among other things, get a refund or have the product replaced. The legal guarantee also protects consumers against hidden defects. The Ownership© Guarantee assures the buyer that: Dealers©and manufacturers must comply with this legal warranty. Before offering consumers an additional warranty, such as: an extended warranty or other protection plan, they must inform consumers verbally and in writing that they already benefit from the free legal warranty. For more information on applying warranties to a building, see Hidden defects in a building.

Quality guarantee, commonly known as “guarantee against hidden defects”. Even after the transfer of ownership, the buyer benefits from a number of guarantees. Unless otherwise indicated, the sale of an immovable is subject to a basic warranty, commonly known as a “legal warranty”. This guarantee exists only ipso jure, i.e. without it being necessary to provide for it in the contract. According to article 1716 of the Civil Code of Québec (C.C.Q.), the legal warranty consists of two components, namely the warranty of title (1723 C.C.Q.) and the guarantee of quality (1726 C.C.Q.) against hidden defects. This warranty extends to the validity of the right of ownership and guarantees the buyer that the building and its accessories are free from hidden defects that make them unusable or reduce their usefulness to such an extent that the buyer would not have bought or paid the same price if he had known them. First, sections 37, 38 and 39 of the Act create fairly generous legal safeguards for broader consumer protection. It is section 38 that has the merit of being the clearest and most direct in terms of content and criteria: Second, regardless of the clarity of the terms, the Quebec law does not allow a seller who is aware of a defect to exclude his liability to the buyer, unless the seller has informed the buyer of the existence of a defect before the sale. Often, people say to themselves: “I do not want to deprive myself of my property so I will pay”. Yes, unfortunately, we often have to pay to have a good repaired by the legal warranty, but it is imperative to demand the amount from the dealer or manufacturer. The legal guarantee©can be increased©, reduced©, limited©in time or even excluded at the will© of the parties to the transaction.

With rare exceptions, it is never recommended© to exclude the warranty of title©© (warranty warranty). Most often©, however, there is an exclusion from the guarantee© of quality, especially with regard to the sale of real estate through an inheritance or after a return. In©the case of a residential property©with less than five apartments, the form Dà declarations of the seller on the immovable (or OF the seller`s declarations on the building Co-ownership©tà The person who buys without guarantee© of quality must in turn be informed©that, even if he covers a defect of which he was not aware, he will not have recourse to©©©©©©© the seller, unless he can©prove that he acted in bad faith by wilfully concealing© a defect of which he©knew existed. This rule is of general application. In principle, all sellers are subject to the manufacturer, wholesaler, importer, distributor, retailer and ordinary seller (i.e. the lay seller who occasionally sells his goods without converting them into a store). This rule applies whether movable or immovable property is involved. Thus, in the sale of real estate, the entrepreneur and the real estate developer are subject to the guarantee of quality of articles 1726 and following of the C.C.Q. If you have difficulty asserting your rights when using the legal warranty or if you wish to file a complaint against a reseller, you can contact the Office of Consumer Protection. Even if the dismissal/letter of formal notice is an essential condition of the legal guarantee of quality which, in the absence of the action, may lead to the dismissal of the action, the Court of Appeal intervened in the dispute in order to assert reservations and to demonstrate the possible consequences of non-dismissal instead of automatic dismissal.

In a warranty action brought against a manufacturer by a commercial seller, the court, having not received notice of termination or claim of ownership affected by a defect, held that the dismissal of an application for interim measures constituted too severe a sanction and that it was for the procedural judge. Whoever had all the evidence decides whether the manufacturer has actually suffered damage. By guaranteeing the right of ownership, the seller assures his buyer that the property is free from defects of ownership and free: Office of the Legal Registry Intervention Guarantee of property rights Legal guarantee (purchase) Legal guarantee of quality (hidden defects) Pre-emption control Sale without legal warranty (quality) Sale under judicial supervision Hidden defects of ownership under the Convention on the International Sale of Rights to Goods, The conditions for justifying the defect are generally similar to those applicable to the quality guarantee prescribed by the Civil Code of Québec.