--- title: "Selling used items as is: what federal warranty law says" description: "Federal law doesn't require a warranty and most states allow “as is” sales, but a written promise like “guaranteed 30 days” bars disclaiming implied warranties." canonical: https://resellerindex.com/seller-laws/magnuson-moss-as-is-used-goods/ last_updated: 2026-10-23 publisher: "The Reseller Index" --- # Can you sell used items "as is"? What federal warranty law says Federal law doesn't require you to give any warranty, and if you give no written warranty and sell no service contract, most states let a merchant disclaim implied warranties with a conspicuous "as is" or "with all faults" statement, generally in writing, though some states don't allow "as is" sales of consumer products at all. The catch is the Magnuson-Moss Warranty Act: write a promise like “guaranteed to work for 30 days or your money back” and you have given a written warranty, which means you can't disclaim implied warranties on that item, and on items costing more than $10 the warranty must be titled "full" or "limited." General information about federal law, not legal advice. This page quotes the rule and the agency's own guidance; it can't tell you whether your business meets them, and state law and marketplace policies can add more. For your own situation, check with a lawyer. Magnuson-Moss Warranty Act (15 U.S.C. 2301-2312; 16 CFR Parts 700-702). Checked against the official sources below on Oct 23, 2026. ## The rule, in its own words > “As with new merchandise, implied warranties on used merchandise apply only when the seller is a merchant who deals in such goods, not when a sale is made by a private individual.” FTC, Businessperson's Guide to Federal Warranty Law, "Implied Warranties". [Federal Trade Commission](https://www.ftc.gov/business-guidance/resources/businesspersons-guide-federal-warranty-law); December 2006, tie-in and E-Warranty sections updated March 2018. > “Some states do not allow you to sell consumer products “as is.” In those states, sellers have implied warranty obligations that cannot be avoided.” FTC, Businessperson's Guide to Federal Warranty Law. [Federal Trade Commission](https://www.ftc.gov/business-guidance/resources/businesspersons-guide-federal-warranty-law); December 2006, tie-in and E-Warranty sections updated March 2018. > “No supplier may disclaim or modify (except as provided in subsection (b)) any implied warranty to a consumer with respect to such consumer product if (1) such supplier makes any written warranty to the consumer…” 15 U.S.C. 2308(a). [United States Code, 2024 edition (GPO, govinfo.gov)](https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap50-sec2308.htm); United States Code, 2024 edition. > “…any undertaking in writing in connection with the sale by a supplier of a consumer product to refund, repair, replace, or take other remedial action…” 15 U.S.C. 2301(6)(B), part of the definition of "written warranty". [United States Code, 2024 edition (GPO, govinfo.gov)](https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap50-sec2301.htm); United States Code, 2024 edition. ## Listing words, sorted *Written warranties under 15 U.S.C. 2301(6) and 16 CFR 700.3. "Implied warranties" come from state law; this is what the federal sources say about them.* | In your listing | A written warranty under federal law? | What follows | | --- | --- | --- | | “Sold as is, with all faults. No warranty of merchantability.” | No | A disclaimer under state law, where allowed. The FTC says it must be conspicuous and generally in writing. | | “Tested and working” | No: product information with no time period isn't a written warranty (700.3(a)) | 700.3(a) notes such statements may be express warranties under the Uniform Commercial Code (state law). | | “Guaranteed to work for 30 days or your money back” | Yes: a written promise to refund if the product fails within a set time | You can't disclaim implied warranties on that item (2308(a)); over $10, title it “full” or “limited” (2303). | | “Returns accepted within 30 days for any reason” | No: a term of sale, not a warranty (700.3(b)) | The FTC says don't call it a warranty. | | “Satisfaction guaranteed” | Exempt from titling only as a general, shop-wide policy with no specific limit (700.5) | 700.5(b): a policy limited to specific products, or with a time limit or a cap on the refund, isn't exempt. The FTC's Guides for the Advertising of Warranties and Guarantees say to use the phrase only if you refund the full purchase price at the buyer's request, and to disclose any limits, such as a 30-day return window (16 CFR 239.3). | | “As is” in one line, “30-day guarantee” in another | Yes, because of the guarantee | The disclaimer is "ineffective for purposes of this chapter and State law" (2308(c)). | | “Includes the original manufacturer's warranty” | The manufacturer's, not yours | A seller who only passes on another company's warranty isn't liable for it unless state law treats the seller as adopting it (700.4). On an item over $15 you still have to make the warranty terms available in the listing; see below (702.3(c)). | ## The dollar lines in the Act and rules *Thresholds by the price the consumer actually pays, for written warranties only.* | Price of the item | Requirement | Source | | --- | --- | --- | | More than $5 | The Act's disclosure rules can apply at all | 15 U.S.C. 2302(e) | | More than $10 | Title the warranty "full (statement of duration)" or "limited" (the $10 excludes tax, 16 CFR 700.6(a)) | 15 U.S.C. 2303(a), (d) | | More than $15 | Single-document disclosure of the warranty terms; make the terms available before sale (for catalog and mail order sellers, in or near the item description) | 16 CFR 701.3, 702.3 | Example: a used blender sold for $25 with “30-day limited warranty: if it stops working, return it for a full refund” in the listing. That is a written warranty on a consumer product over $15, so the FTC's Disclosure Rule calls for its terms in one clear document, including what is covered, what you'll do, how long it lasts and how to claim, and you can't also sell it "as is." ## Selling an item that still has its maker's warranty The warranty may not be yours, but the FTC's Pre-Sale Availability Rule gives the seller a duty for items costing more than $15. A listing with ordering instructions that don't require a personal visit to your establishment is a catalog or mail order sale (16 CFR 702.3(c)(1)(i)), and near the item's description you must give either the full text of the written warranty, or the warrantor's web address (if it has one) together with a statement that the warranty can be had free on request and the address or phone number for requesting it (702.3(c)(2)). > “Regardless, as a seller, you must make available to your customers copies of any written warranties from product warrantors.” FTC, Businessperson's Guide to Federal Warranty Law. [Federal Trade Commission](https://www.ftc.gov/business-guidance/resources/businesspersons-guide-federal-warranty-law); December 2006, tie-in and E-Warranty sections updated March 2018. In practice: if a new-in-box item over $15 comes with its maker's warranty and you mention it, put the warranty's web address from the box or manual (or the full text) in the listing, and send a copy to any buyer who asks. If you don't know whether a maker's warranty still applies to a used item, describe the item without promising one. ## Vintage items made before July 4, 1975 The Act "shall apply only to those consumer products manufactured after July 4, 1975" (16 CFR 700.2, citing 15 U.S.C. 2312). A written warranty you give on a 1960s turntable isn't governed by Magnuson-Moss, though state warranty law still applies to the sale. ## Edge cases - **Who is a merchant.** The FTC says implied warranties on used goods apply when the seller "is a merchant who deals in such goods", not to a private individual's sale. Whether your business is a merchant for a given item is a state-law question; the FTC notes that the Uniform Commercial Code's implied warranty of merchantability, section 2-314, is law in every state but Louisiana. - **Advice can create a warranty.** The FTC explains that when a customer relies on a seller's advice that a product can be used for a specific purpose, the law treats that as an implied warranty of fitness for a particular purpose. Answer “will this work with my…” questions only with facts you have checked. - **Service contracts.** Selling a service contract on an item at the sale or within 90 days also bars disclaiming implied warranties (2308(a)(2)). - **"As is" doesn't cover injuries.** The FTC: if a product proves defective or dangerous and causes injury, "you still may be liable under the principles of product liability." - **Wording rules vary by state.** The FTC notes that a few states have special laws on how an "as is" disclosure must be phrased. - **Limited warranties can shorten implied ones.** With a "limited" written warranty, implied warranties may be limited to its duration if that is conscionable and stated clearly on the face of the warranty (2308(b)). ## What to do 1. Decide per item: no written warranty and a clear "as is" disclaimer, or a written warranty and no disclaimer. Not both. 2. Put any disclaimer where buyers will see it before buying, in writing, using "as is" or "with all faults" and naming merchantability. 3. Describe condition and testing factually, without time-limited promises unless you mean to give a warranty. 4. Call a return window a return policy, not a warranty. 5. Check your state's rules on "as is" sales; the FTC says some states don't allow them for consumer products. ## Penalties, as the agency states them The Magnuson-Moss Act works mainly through buyers' lawsuits; the FTC describes the exposure this way: > “…if you lose a lawsuit for breach of either a written or an implied warranty, you may have to pay the customer's costs for bringing the suit, including lawyer's fees.” FTC, Businessperson's Guide, "Consumer Lawsuits". [Federal Trade Commission](https://www.ftc.gov/business-guidance/resources/businesspersons-guide-federal-warranty-law); December 2006, tie-in and E-Warranty sections updated March 2018. ## Questions ### Is "as is" legal for online resellers? Federal law doesn't forbid it when you give no written warranty and sell no service contract. Whether it is effective depends on state law; the FTC says most states allow disclaimers and some don't allow "as is" sales of consumer products. ### Does "tested and working" create a warranty? Not a Magnuson-Moss written warranty if it has no time period (700.3(a)), but the same section notes such statements may be express warranties under state law. ### Do I have to offer a warranty on used items? No. The FTC says the Act doesn't require any business to provide a written warranty. ## Related questions - [How fast must you refund an order you can't ship?](https://resellerindex.com/seller-laws/ftc-mail-order-refunds/) Within 7 working days for nearly every payment method, shipping and handling included. Store credit and gift cards don't count. - [Can your listing or shop policy stop buyers from leaving negative reviews?](https://resellerindex.com/seller-laws/review-gag-clauses-and-suppression/) No. A standard term that bans, restricts or charges for reviews is void under the Consumer Review Fairness Act, and threats to get reviews removed break the FTC's rule. - [Can you put a free gift, extra or substitute in a buyer's box?](https://resellerindex.com/seller-laws/unordered-merchandise-free-gifts/) Mark a free gift clearly as free. Anything else mailed without a request is the buyer's to keep, and a materially different substitute needs consent first. [All 14 federal rule questions for online resellers](https://resellerindex.com/seller-laws/) ## Sources Every rule, number and date on this page comes from these official pages, each read on Oct 23, 2026; quotes are copied word for word. General information, not legal advice. - [FTC: Businessperson's Guide to Federal Warranty Law](https://www.ftc.gov/business-guidance/resources/businesspersons-guide-federal-warranty-law) (Federal Trade Commission; December 2006, tie-in and E-Warranty sections updated March 2018) - [15 U.S.C. 2308: implied warranties](https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap50-sec2308.htm) (United States Code, 2024 edition (GPO, govinfo.gov); United States Code, 2024 edition) - [15 U.S.C. 2301: Magnuson-Moss Warranty Act definitions](https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap50-sec2301.htm) (United States Code, 2024 edition (GPO, govinfo.gov); United States Code, 2024 edition) - [15 U.S.C. 2302: rules governing contents of warranties](https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap50-sec2302.htm) (United States Code, 2024 edition (GPO, govinfo.gov); United States Code, 2024 edition) - [15 U.S.C. 2303: designation of written warranties ("full" or "limited")](https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap50-sec2303.htm) (United States Code, 2024 edition (GPO, govinfo.gov); United States Code, 2024 edition) - [16 CFR Part 700: Interpretations of the Magnuson-Moss Warranty Act](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-G/part-700) (eCFR (Office of the Federal Register); eCFR, up to date as of Oct 21, 2026) - [16 CFR Part 701: Disclosure of Written Consumer Product Warranty Terms and Conditions](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-G/part-701) (eCFR (Office of the Federal Register); eCFR, up to date as of Oct 21, 2026) - [16 CFR Part 702: Pre-Sale Availability of Written Warranty Terms](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-G/part-702) (eCFR (Office of the Federal Register); eCFR, up to date as of Oct 21, 2026) - [16 CFR Part 239: Guides for the Advertising of Warranties and Guarantees](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-B/part-239) (eCFR (Office of the Federal Register); eCFR, up to date as of Oct 21, 2026) Subscribe: https://resellerindex.com/subscribe/ Want these numbers next to your own sales? 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