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Implied warranties last as long as four years in some states, but a seller can disclaim them by marking an item “as is” where state law allows.
Under the Magnuson-Moss Warranty Act, a company cannot void a warranty solely because you used another company’s parts or an independent repair shop.
If you report a defect during the warranty period and it is not fixed properly, the company must correct it even after the warranty expires.
Warranties on second-hand phones confuse many buyers. Is the maker’s warranty still running? Does a refurbisher’s 90-day promise mean anything? What if the seller wrote “as is”? Federal consumer law, mostly enforced by the Federal Trade Commission, answers most of these questions.
Four kinds of protection
| Type | Where it comes from | What to know |
|---|---|---|
| Original maker’s warranty | The manufacturer, when the phone was first sold | Usually runs from the original purchase date; ask whether it transfers to a new owner |
| Seller’s written warranty | A refurbisher, retailer or carrier | Read who stands behind it, how long it lasts and what it covers |
| Implied warranties | State law | Cover almost everything you buy unless disclaimed by an “as is” sale where allowed |
| Service contract or insurance | Sold separately, for an extra price | Not a warranty; see Phone Insurance vs. Extended Warranty: Which, If Either, Is Worth It? |
Read it before you pay
The FTC says that whenever there is a warranty, the law says it must be available for you to read before you buy, whether you shop in person or online. For a used or refurbished phone, the questions that matter are:
- How long does it last, and from what date?
- Who honors it: the maker, the seller or another company?
- What is covered? If parts or repairs are not listed, the FTC says to assume they are not covered.
- What will the company do if the phone fails: repair, replace or refund?
- Do you have to pay for shipping or labor?
- Do you have to register the phone first?
Implied warranties and “as is”
The FTC explains that state laws create implied warranties, unspoken promises that cover almost everything you buy. The “warranty of merchantability” means a product will do what it is supposed to do: a phone should make calls and connect to a network. Implied warranties can cover problems a written warranty does not, and they last as long as four years in some states.
The exception is an “as is” sale. A seller can give written notice that there is no warranty, or mark the item “as is,” if state law allows. Many private sales and some marketplace listings are “as is.” That is why testing the phone before you pay matters so much; see Checking a Used Phone Before You Buy: A Practical Checklist.
Repairs do not automatically void a warranty
A common worry is that fixing a phone at an independent shop, or using a non-original part, cancels the warranty. Under the Magnuson-Moss Warranty Act, as the FTC explains it, a company cannot void a warranty or deny coverage solely because you used a part made by another company or had repairs done by someone not associated with it, unless it provides the part or service free under the warranty. A company may still refuse to cover defects or damage caused by third-party parts or service.
The FTC gives an example: if your product needs a repair covered by the warranty, the company cannot refuse simply because you previously took it to an independent shop for a different repair. In 2022 the FTC settled cases with three companies that told customers their warranties would be void if they used outside parts or repairs.
Tip: If a seller or manufacturer tells you a warranty is void because you used an independent repair shop, the FTC wants to hear about it. Report it at ReportFraud.ftc.gov.
Spoken promises
A seller may say “this comes with a six-month guarantee” or “we will replace the battery free if it fails.” The FTC’s advice is to get the promise in writing. A business might later refuse to honor a promise that was never written down.
Keep records
- Save a copy of the warranty, printed or downloaded.
- Keep the receipt with it; the FTC notes the receipt proves the purchase date and that you are the owner.
- Keep messages with the seller.
- Note the phone’s serial number.
When a claim goes wrong
The FTC recommends contacting the seller first, then writing to the manufacturer at the address on the warranty, ideally by certified mail with a return receipt. A company may have the right to try a repair before it refunds your money. And one rule is easy to miss: if you report a defect during the warranty period and the product is not fixed properly, the company must correct the problem even if the warranty expires before the fix.
If you cannot resolve it, report the company to the FTC at ReportFraud.ftc.gov and to your state attorney general.
The bottom line
A used phone’s warranty is whatever is in writing, plus the implied warranties your state provides unless the sale was “as is.” Read the warranty before you buy, get promises in writing, keep your receipt and know that independent repairs do not by themselves void coverage. More on choosing a refurbished phone is in Refurbished Phones Explained: What the Word Does and Doesn’t Mean.