Used items: the warranty follows the item

Buying a used washer or cell phone? If the item was new and sold by a merchant since October 5, 2026, the warranty time that's left carries over to you.

In short

  • The merchant and the manufacturer are responsible for the warranty toward the next buyer (s. 38.6).
  • Condition: the item was bought or leased new from a merchant since October 5, 2026.
  • You get the time that's left, counted from the first delivery.
  • Ask the seller for the original receipt and proof of delivery.

What the law says

Section 38.6 provides that a merchant or a manufacturer is responsible for carrying out the warranty in section 38.1 toward a consumer who later acquires the item. In other words: the warranty doesn't stop when the item changes owners.

The conditions

  • The item is one of the 14 covered items.
  • The first buyer bought or leased it new, from a merchant, since October 5, 2026.
  • The warranty is still running: the period starts at the first delivery, not at your purchase.

Example: a washer delivered new on December 1, 2026 and resold in 2028 stays covered until December 1, 2031.

If you're buying

  • Ask for a copy of the original receipt and the proof of delivery.
  • Check the end date with the calculator.
  • Keep proof of your own purchase, for example a message exchange.

If you're selling

Giving the buyer the receipt and proof of delivery increases your item's value. You can hide the price and your personal information on the copy.

Refurbished? The warranty of good working order covers new items. A refurbished item isn't new. If it was sold new since October 5, 2026, the remaining time may follow it. The general warranties of sections 37 and 38 also apply to used items sold by a merchant.

Frequently asked questions

I'm buying from an individual on Marketplace. Am I protected?

The warranty of good working order follows the item: the original merchant and manufacturer are responsible for it toward you. However, a sale between two individuals isn't covered by the Consumer Protection Act.

Does the warranty start over with the new buyer?

No. The period starts at the first delivery. The new buyer gets the time that's left.

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Updated October 21, 2026. General information, not legal advice. Official source: Office de la protection du consommateur.