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

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?

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Attorney answers 1


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.

For a free consultation related to medical malpractice, personal injury, workers' compensation, social security disability or nursing home abuse, please contact Lowenthal & Abrams, PC at 1-800-876-5299. I am licensed in Pennsylvania, but members of my firm are licensed in Pennsylvania, New Jersey and New York. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance. I am licensed to practice law in the state of Pennsylvania.

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