Buying a used car can be a great way to save money, but it also comes with certain risks. What if, a few days or weeks after the purchase, you discover a major mechanical issue?

Under Quebec law, certain protections exist, even if the vehicle is no longer covered by the manufacturer's warranty. Here's what you need to know.

The seller’s responsibilities – the warranty of quality

According to article 1726 of the Civil Code of Quebec, the seller has a legal obligation toward the buyer. They must guarantee that the used car has no hidden defects :

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• That make it unusable for its intended purpose;
• Or that reduce its value so significantly that the buyer would not have purchased it, or not under the same conditions.

• If they were informed about it before the sale;
• Or if the defect was so obvious that a prudent buyer could have detected it without expert knowledge.

• A serious defect
• Hidden
• Unknown to the buyer
• Pre-existing before the sale

The buyer’s duties

Do you believe you've discovered a defect in your used car? You must then notify the seller in writing within a reasonable timeframe. The law does not specify an exact number of days, but you must act quickly.

In addition, it is essential to keep proof of sending this notice. This document could become crucial in the event of legal action.

However, if the seller knew about the defect, or could not have been unaware of it, they cannot use a delay in notice as a defense.

Your possible remedies

If you are the victim of a hidden defect in your used car, several remedies are available :

• Cancel the sale and recover the amount paid for the car (art. 1604 and 1606);
• Request a price reduction (art. 1590 para. 2, subpara. 2);
• Claim damages, if you are able to prove that the seller knew about the problem (art. 1728).

Greater protection when dealing with professional sellers

Did you buy your used car from a dealership? The law offers you greater protection. If a problem is discovered shortly after the sale, the law presumes the defect already existed.

It is then up to the seller to prove that you caused the damage. This presumption applies only to professional sellers.

Therefore, you benefit from an added layer of protection when buying from a dealership rather than an individual.

Conclusion

Buying a used car has its advantages, but also comes with risks. Fortunately, Quebec law provides remedies to protect buyers.

Are you dealing with a problem involving a recently purchased used car? Do you have doubts about your rights or the seller’s obligations?

The team at Gaucher Ross Avocats is here to help.Contact us to evaluate your case and assert your rights promptly.