Is a business required to tell you you are buying a refurbished item?

I bought a TV in April from a store that
advertises new, used and refurbished
TV’s. A plug came off of it so I
contacted the manufacturer cause they
claim a year warranty. The manufacturer
said the tv was sold to a different
store in 2015. I contacted the place I
bought it from and they said for 80
they will sell me the extended warranty
they offer, backdate the purchase date
for it and then repair it for me

Asked on January 5, 2018 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the store says that they sell new, used, and refurbished TVs, you are on notice that their inventory includes refurbished items. Since you are aware of that, so long as they did not actively lie and market this item as new when it was not, or answer untruthfully if you specifically asked whether this TV was new or not, they did nothing wrong. Because you were aware that the merchandise could be refurbished, you buy to subject to the chance that it could be so long as they did not mislead you about this specific object.

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