"As-is, where-is" and secondhand purchases — do I have any protection?
Last updated: 2026-07-12 · Educational content; not legal advice.
Short answer
Less, but not zero. The DTI recognizes "as-is-where-is" and second-hand sales as situations where the automatic 3 Rs (repair, replacement, refund) do not apply the same way — you buy the item in its stated condition and accept its known state. But two protections survive: a seller still cannot lie. If the seller misrepresents the item or actively conceals a serious defect, that can be a deceptive sales act under the Consumer Act (RA 7394), and the Civil Code's hidden-defect rules can still make a seller liable for faults that were not apparent and that you could not have known even on inspection (Arts. 1561, 1566), subject to the 6-month redhibition period (Art. 1571). "As-is" covers the condition you could see or were told about — it is not a licence to defraud.
Primary sources
Frequently asked
Does 'as-is-where-is' waive all my rights?
No. It waives complaints about the condition you could see or were told about. It does not let a seller misrepresent the item (a deceptive act under RA 7394) or escape liability for a genuinely hidden defect under the Civil Code.
I bought secondhand and it had a concealed serious defect — anything?
Possibly. If the defect was hidden and not discoverable on ordinary inspection, the Civil Code (Arts. 1561, 1566) can make the seller liable, but you must act within six (6) months of delivery (Art. 1571).
The seller lied about the item's history — is that covered?
Yes. Active misrepresentation or concealment is a deceptive sales act under RA 7394 regardless of an 'as-is' label; you can raise it with the DTI.
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Your rights when something you bought is defective — the repair, replacement, or refund a seller owes you under the Consumer Act (RA 7394, Arts. 68 and 100), why a blanket "No Return, No Exchange" sign is illegal (a deceptive sales act the DTI prohibits), the free implied warranty you get even without a warranty card (60 days to 1 year on new products), hidden defects discovered after purchase and the 6-month redhibition action under the Civil Code (Arts. 1561, 1566, 1567, 1571), the Price Tag Act rule that you cannot be charged more than the displayed tag (Art. 81), the Philippine Lemon Law (RA 10642) for a brand-new car with the same defect after 4 repair attempts within 12 months or 20,000 km, defective services, manufacturer vs seller liability, and how to file a DTI complaint. This cluster is about legitimate purchases that turn out defective — online-shopping fraud and fakes live in the Scams & Online Fraud cluster.