US FederalDoes a 'sold as is' label mean the seller has no liability for defects?
No, a 'sold as is' label does not eliminate all seller liability—federal law prohibits disclaiming implied warranties on consumer products if a written warranty is offered.
What the Law Says
The Magnuson-Moss Warranty Act sets federal rules for consumer product warranties and limits how sellers can disclaim liability—even when using 'as is' language.
Under federal law, sellers cannot use 'as is' or similar disclaimers to avoid liability for implied warranties (like merchantability or fitness for purpose) if they also offer a written warranty for the same product.
This rule prevents sellers from giving a written promise of quality while simultaneously trying to deny all responsibility for defects.
The Act applies only to 'consumer products'—tangible personal property normally used for personal, family, or household purposes—and only when the product costs more than $10.
Statutory TextThe term 'consumer product' means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes...
— 15 U.S.C. § 2301 — Definitions
What to Do
Check whether the seller provided any written warranty—even a short one—along with the product.
If yes, the 'as is' label is unenforceable for implied warranties under federal law.
Keep all receipts, warranty documents, and communications with the seller.
File a complaint with the FTC or pursue remedies under state lemon laws or breach-of-warranty claims.
Consult a consumer rights attorney if the seller refuses repair, replacement, or refund.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.