Does “Sold As Is” Actually Protect You in Quebec?

It’s an older car, you’ve priced it accordingly and the buyer says they’re fine taking it “tel quel.” Are you covered if something goes wrong later? When selling a car as is in Quebec, don’t count on a quick Marketplace message to settle everything. What you disclose and what you sign both matter.

Private sales still have rules

The Office de la protection du consommateur explains that the Consumer Protection Act doesn’t apply to a sale between two individuals, but the Civil Code’s warranty against hidden defects can matter. It also explains that a written waiver doesn’t necessarily prevent recourse where the seller knew about a defect.

Read the OPC’s guidance for private sellers. If you intend to exclude a warranty, get Quebec legal advice on the wording and its limits instead of copying a comment from social media.

Say what’s wrong with the car

“Old car, no guarantees” tells a buyer very little. A written list of known issues is more useful: an intermittent warning light, a diagnosed leak, a window that doesn’t work or previous accident repairs you know about.

Separate facts from guesses. “The warning light comes on occasionally; the cause has not been diagnosed” is more accurate than “just a sensor” when nobody has checked. Keep relevant invoices and photos with your records.

Let the buyer look it over

Give the buyer an opportunity to examine the car and discuss a professional inspection. Record the agreed price, condition you described and included equipment. Keep copies of the listing, messages and signed agreement so you can later show what was communicated.

These steps help clarify the transaction. They don’t turn an unsafe car into a roadworthy one or replace carefully drafted terms.

If the buyer complains afterward

Ask for a written description and supporting diagnosis. Preserve your records, avoid making guesses about fault and seek advice promptly if you receive a formal demand. Don’t assume either that you owe every repair or that you can ignore every complaint.

Considering a business buyer instead? Request an offer from Car Buyers Montreal and disclose the known condition during the assessment. Read the actual purchase terms before signing.