Second-hand and refurbished: what guarantee in Belgium?

A refurbished smartphone, or a second-hand car or fridge bought from a professional, also has a legal guarantee. It lasts two years, unless the seller has clearly reduced it, and never less than one year. Here is how to know what covers you.

Yes, second-hand goods are guaranteed

The FPS Economy often receives this question. Its answer is clear: the legal guarantee also applies to second-hand goods. By default it lasts two years, just like for a new product.

One condition: you must have bought from a professional seller, for private use. That is the scope of the guarantee law.

The seller can shorten the guarantee, but not in just any way

For a second-hand item, the seller may set a shorter period. Three rules apply:

The FPS Economy notes that in practice, sellers usually limit the guarantee to one year. So read the invoice and terms of sale carefully.

Legal reference: Article 1649quater of the former Civil Code, cited by the FPS Economy.

If it breaks down: who must prove what?

If your second-hand item breaks down during the guarantee period, the defect is presumed to have existed at purchase. It is up to the seller to prove otherwise if they disagree.

And even if the seller provides that proof, you can still show, on your side, that the defect existed at the time of purchase.

Watch out for defects you knew about

The guarantee does not cover a defect you were aware of when you bought. For a used car, the contract often contains a detailed condition report. Whatever is noted there cannot later be claimed under the guarantee.

Good to know: to be in conformity, the item must in particular match the seller's description and the model shown. A precise listing, saved as a screenshot, will therefore serve as your reference.

Deadlines not to miss

• The guarantee runs from delivery of the item.
• Report the defect to the seller without delay. If your sales contract expressly says so, you must do it within two months of noticing it (art. 1649quater § 2 of the former Civil Code).
• During a repair, the guarantee is suspended, then resumes where it stopped.

What about the refurbisher's commercial guarantee?

Many sellers of refurbished goods offer their own commercial guarantee. It comes on top of the legal guarantee; it does not replace it. The FPS Economy points out that you can always invoke it if your item benefits from it.

Before buying second-hand: the checklist

1. Check that the seller is a professional (company number, terms of sale).
2. Look for the guarantee period on the invoice or in the terms. Nothing written? Then it is two years.
3. Read the condition report if there is one: whatever it lists will not be covered.
4. Keep the invoice and note the delivery date: that is when the guarantee starts.
5. Breakdown? Notify the seller in writing, without delay.

The Garanti habit: Keep your proof of purchase and repair invoices in Garanti: if something breaks or the seller refuses, your claim file is ready in seconds. Try it free

Also read: “It's your fault”: when the seller refuses the warranty

Sources

• FPS Economy — Frequently asked questions on the legal guarantee (updated 14 September 2026, French)
• FPS Economy — The guarantee law (updated 15 September 2026, French)
• RTBF — What changes for your legal guarantees from 1 June (French)

Written by Pierre Leonet, founder of Garanti, on 8 November 2026. The law does not define “refurbished” separately: it is treated here as a second-hand item sold by a professional. General information, not advice on an individual case.