If a product is sold as new but was in fact used and this fact was not disclosed, does the warranty apply?

Asked 10 months ago - Overland Park, KS

For example, a product was sold with a 90 day limited warranty from the time of purchase, but the item had been repackaged, was damaged and was not disclosed to be used or sold "as is". If this fact was not discovered before the 90 day time period, is the seller responsible for replacing the product or refunding the purchase price?

Attorney answers (1)

  1. Jennifer L. Ellis

    Contributor Level 16

    Answered . Depends on the warranty and the situation, as well as how long you have owned the product and whether you can prove it wasn't new. I would call the company and explain the problem.

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