What Are the Warranties for Second-Hand Items in the Philippines?

Question from Pipay, What Are the Warranties for Second-Hand Items in the Philippines?

Answer from AI:

When purchasing second-hand or preloved items in the Philippines, it’s important to understand the warranties that may apply. The laws governing warranties for second-hand goods can be found in the Civil Code of the Philippines and the Consumer Act of the Philippines (Republic Act No. 7394).

Types of Warranties

In general, warranties can be classified into two types:

• Express Warranties: These are specific promises made by the seller about the quality, condition, or functionality of the item. They are usually written or verbally communicated at the time of sale.
• Implied Warranties: These are unwritten guarantees that the law assumes to be present in a sale. They include the warranty of merchantability and the warranty of fitness for a particular purpose.

Express Warranties

For second-hand items, express warranties are less common but can still be provided by the seller. These warranties should be clearly stated and agreed upon by both parties. If a seller provides an express warranty, it must be honored according to the terms specified.

Implied Warranties

The Civil Code of the Philippines provides for implied warranties even in the sale of second-hand goods. These include:

1. Warranty Against Hidden Defects: Under Article 1561 of the Civil Code, the seller is responsible for any hidden defects that render the item unfit for its intended use or significantly decrease its value. This warranty applies unless the buyer was aware of the defects or should have reasonably discovered them.
2. Warranty of Merchantability: This implies that the item is reasonably fit for the general purpose for which it is sold. However, this warranty may be limited or excluded if the item is sold “as is” or if the buyer has inspected the item and accepted its condition.

Limitations and Exclusions

Sellers of second-hand items often include terms like “as is” or “with all faults” to limit their liability. These terms mean that the buyer accepts the item in its current condition, with all existing defects. However, even with such terms, the seller cannot completely disclaim liability for hidden defects that they knew about but did not disclose.

Consumer Rights and Remedies

If you purchase a second-hand item and discover a defect that was not disclosed, you have several options:

• Return the Item: You may be able to return the item and get a refund, especially if the defect significantly affects its usability.
• Repair or Replacement: You can request the seller to repair the item or provide a replacement if possible.
• Price Reduction: You may negotiate a partial refund to account for the defect.

When to Seek Legal Advice

If you encounter issues with a second-hand purchase and the seller is uncooperative, it may be necessary to seek legal advice. Consulting with a legal professional can help you understand your rights and the best course of action.

Additional Resources

For more information, you can refer to the following resources:

• Civil Code of the Philippines
• Consumer Act of the Philippines

Remember, while this information provides a general overview, it is always best to consult with a legal professional for personalized advice tailored to your specific situation.