Imagine this situation: you bought a device a few days or years ago without buying a warranty. Suddenly, it stops working, even though the provider had assured you that it would last longer than they did. In most cases, consumers will repair or replace the device immediately at their own expense. However, as a consumer, you have certain rights and can contact the seller to claim compensation and/or compensation for the damage suffered. But what should you do if the device stops working and the seller or manufacturer doesn`t want to compensate you? The appropriate lifetime warranty states that a device must be used for normal use for a reasonable period of time. However, the law does not stipulate, for example, that a furnace must have a lifespan of 10 years. What for? This is because several factors, such as the price paid, the contract and the conditions of use, must be taken into account in order to determine the appropriate lifespan of the item. Therefore, a $700 oven cannot be expected to last as long as one with the same features, but it costs $1,500. In short, it is a matter of facts and common sense. The legal warranty states that if a dealer sells you something that is not of good quality, durable, safe and does not meet the merchant`s expectations, you can get a refund or have the product replaced, among other things. The legal guarantee also protects consumers against hidden defects. There are three types of warranties: the legal warranty, the dealer or manufacturer`s warranty, and the extended warranty.
– Economic: maybe not. Taking legal action is often time-consuming and costly, and you`ll have to wait a few months for your case to be heard. For the warranty against hidden defects to apply, the defect must also have existed before the purchase of the product. In some cases, the help of an expert may be necessary to prove that the defect existed before the sale of the product). A repairer is not obliged to leave a notice if a repair is carried out free of charge, for example if it is under warranty. Of course, an expensive high-end product is under legal warranty longer than a cheaper inferior product. It is important to read the contract carefully to find out what is covered, what is not (the exclusions), as well as the conditions of the warranty. – Your dishwasher stops working only two months after the manufacturer`s warranty expires.
A technician performs diagnostics and determines that the electrical control panel is damaged. You call the seller and they say they can`t do anything for you. In this case, you should be able to successfully assert your purchase rights. If you encounter difficulties in asserting your rights when applying for a legal guarantee, or if you wish to file a complaint against a merchant, you can contact the Office de la protection du consommateur. To this end, in the case of residential property with fewer than five apartments, the form of the seller`s real estate declarations (or the seller`s declarations – co-ownership, if applicable) indicating a factor that may affect the value of the property must be duly completed in the same circumstances as the corresponding brokerage contract sale form. Persons who purchase goods without warranty of quality must be informed that if they discover a defect of which they were not aware, they have no recourse against the seller, unless they can prove that the seller acted in bad faith by intentionally concealing a defect of which he was aware. “Dealers are very keen to sell us an extended warranty, but they are trying to sell us a warranty that already exists legally,” explains Janick Desforges, Director of Option Consommateurs. And if the seller says that after a year there is no recourse in case of breakdown, he is mistaken. “Of course, we take into account the quality of the property. When we buy a watch for $20, we expect it to have a short lifespan.
Therefore, extended warranties are rarely required. If there is a manufacturing defect, it is very likely that it will become apparent within the first few months of use. The article is then covered by the legal warranty as well as that of the manufacturer. If no defects occur in the first few months, it will probably continue to work for a long time without problems and the extended warranty could have expired until your goods broke down. What is a “legal warranty”? The person who sells movable or immovable property must ensure that the property is free from defects of title and hidden defects, except those declared before the sale. This is the so-called “legal guarantee”, which consists of two components, namely the guarantee of title and the guarantee of quality. These guarantees exist under the law, i.e. they do not have to be specified in the contract. The real estate agent is obliged to inform the seller and the buyer of the consequences of waiving the quality guarantee. For example, a seller who wants to sell a property without a quality guarantee should know that even if you buy a new home, you can benefit from a special warranty. The employer also gets a discount. According to the American magazine Consumer Reports, retailers` profit margins on these derivatives oscillate between 40 and 80%! No wonder: most goods only break after the warranty has expired.
The legal guarantee is a minimum legal protection for consumers. It applies automatically when you buy something. Before selling an additional warranty (also known as an “extended warranty”), merchants must inform the buyer of the existing free warranties. In most cases, the dealer or manufacturer`s warranty is included in the selling price.