Short answer: yes. A used product bought from a store or another seller that operates professionally in the market does not lose its statutory warranty simply because it had a previous owner. What matters is whether there is a consumer relationship between a consumer and a supplier. For apparent or easily detectable defects, Brazil's Consumer Protection Code (CDC) provides 30 days for non-durable products and 90 days for durable products, counted from delivery. If the defect is hidden, the period starts when the problem becomes evident. Procon-ES also expressly states that the statutory warranty applies to used products.
This does not mean that every sign of use entitles the buyer to a replacement. Wear, scratches, missing parts or limitations that were clearly disclosed before the purchase are part of the assessment of what was actually agreed. On the other hand, a generic phrase such as “sold as is” does not, by itself, eliminate legal protection against undisclosed problems.
Store, marketplace or private seller: which rules generally apply?
| Situation | Main rule | What to check |
|---|---|---|
| Physical or online store that professionally sells used goods | As a rule, the CDC applies. | The fact that the item is used does not remove the statutory warranty. Relevant defects and limitations must be clearly disclosed. |
| Marketplace with a professional seller | The purchase remains a consumer transaction in relation to the supplier selling the product. | Keep the seller's identification, listing, description, receipts and messages. Any liability of the platform itself depends on its concrete role in the transaction and on the facts of the case. |
| Occasional sale between two private individuals | As a rule, the CDC is not the main legal regime. | The Civil Code rules on latent defects may apply, especially to hidden defects that already existed at delivery. |
The decisive point is not only where the listing appeared, but who is selling and in what capacity. The CDC defines supplier broadly, including an individual or legal entity that carries out commercial activity. A habitual seller may therefore be treated as a supplier even without a traditional storefront.
What is the legal deadline for complaining about a used product?
Article 26 of the CDC sets 30 days for non-durable products and 90 days for durable products. In practice, most used goods that generate this question — phones, appliances, furniture, computers, bicycles and vehicles — are durable, which is why the 90-day period is commonly cited.
- Apparent or easily detectable defect: the period starts on actual delivery of the product.
- Hidden defect: the period starts when the defect becomes evident, not simply on the purchase date.
- Documented complaint to the supplier: the CDC provides that such a complaint prevents the expiry period from running until an unequivocal negative response. Protocol numbers, emails, recorded messages and service orders therefore matter.
Do not confuse the deadline to complain with the period to remedy the defect. Under Article 18 of the CDC, once the problem is reported, the supplier generally has up to 30 days to correct it. If the defect is not remedied within that period, the consumer may choose replacement, refund of the amount paid or a proportional price reduction. The law also provides situations in which these remedies may be used immediately, depending on the extent of the defect, loss of value or whether the product is essential.
Can a used product be sold with a known defect?
A used item may be sold with signs of wear, damage or known limitations, provided the information is clear, specific and consistent with the price and with what is delivered. A disclosed problem is no longer a contractual surprise: someone who buys a refrigerator with a broken drawer expressly described, for example, should not later treat that same drawer as an omitted defect.
That does not create a blanket waiver of the statutory warranty. Procon-ES emphasizes that the supplier must describe possible defects in detail and that a generic “as is” clause is not enough. If another undisclosed problem appears, if the defect is more serious than described, or if the description misleads the consumer, the analysis changes.
Apparent and hidden defects are not the same
An apparent defect can be noticed during ordinary inspection or at the beginning of use: a cracked screen, missing button, visible dent or missing accessory, for example. A hidden defect is a problem that already existed, or whose cause was already present in the item, but only shows up later: an electronic component that fails after some use, an internal leak or an intermittent fault that did not appear during a quick test.
The age and condition of the product matter when assessing reasonable expectations. An older item may show wear that is compatible with normal use without that wear being a legal defect. The legal issue is different when the item becomes unsuitable for its expected use, loses value because of a relevant undisclosed problem, or differs from what was advertised.
Buying from a private individual changes the protection substantially
When the transaction is genuinely an occasional sale between private individuals, with no professional commercial activity, it is normally not treated as a consumer relationship. In that situation, the Civil Code provides rules on latent or redhibitory defects: hidden defects that make the item unfit for its intended use or reduce its value. Depending on the case, the buyer may seek rescission of the transaction or a price reduction.
The Civil Code deadlines differ from those under the CDC. For movable goods, Article 445 provides 30 days from delivery to seek rescission or a price reduction; when the nature of the defect means it can only be discovered later, the period runs from knowledge of the defect, subject to the maximum 180-day limit in paragraph 1. Because the seller's legal status and the evidence of when the defect arose can be disputed, higher-value or contested cases deserve individualized legal assessment.
What to keep as proof of the purchase and advertised condition
- invoice, receipt, contract or proof of payment;
- screenshots of the listing and product description, including photos;
- seller identification and, on a marketplace, the store profile or account details;
- messages in which the seller discloses condition, damage, replaced parts or limitations;
- any contractual warranty document — it is additional to the statutory warranty, not a replacement for it;
- photos or videos made when the item is received and during the first tests;
- support protocols, service orders and technical diagnosis if a problem appears.
These records help separate three situations: wear that was clearly disclosed; a defect that appeared or became evident without prior disclosure; and damage caused by later use. That distinction is usually more useful than arguing only about whether the item was “new” or “used.”
What to do if the used product develops a problem
- Document the defect with photos, video and a record of when it appeared.
- Review the listing and documents to see whether that specific problem had been disclosed.
- Contact the supplier through a traceable channel and keep the protocol or message.
- Avoid arranging your own repair before the supplier responds when doing so could make it harder to prove the origin of the defect.
- If the issue is not resolved, contact the local consumer protection authority, the applicable dispute-resolution channel or legal counsel, depending on the value and complexity of the case.
In summary: a used product bought from a professional supplier is protected by the CDC and the statutory warranty; a clearly disclosed defect may be part of the agreed condition, but a generic clause does not erase consumer rights; and a purchase from a private individual generally follows a different legal regime. The concrete answer depends on who sold the item, what was promised, when the defect appeared and what evidence was kept.
This content is for general information and does not replace legal analysis of a specific case. For higher-value disputes or contested facts, specialized human review is recommended.
