QUESTION

Can I sue a company for selling me a dirty used mattress?

Asked on Mar 02nd, 2021 on Consumer Law - North Carolina
More details to this question:
Logan Homes sold me a used dirty mattress and box spring among the staged furniture which is illegal. They are only offering to remove the mattress/boxspring and not replace even though they sold me all the staged furniture together, including the mattress/boxspring.
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1 ANSWER

Consumer Bankruptcy Attorney serving Kernersville, NC
Partner at Lynn E. Coleman
4 Awards
You can sue anybody you want to, but whether you win or not is a different thing all together. If this is a corporation, make sure you sue them in their proper name, or else the case will get thrown out of court. There are too many details involved to give you a simple answer. Whether or not you have a chance to win if you sue depends on what was represented about the furniture at the time of the sale. It sounds like "staged" = floor samples, which are typically used furniture, so there is no way the mattress and box spring were "new". Did you inspect the mattress and box spring before purchase? Were they wrapped in plastic? Did you sign anything? If so, what does that say?
Answered on Mar 03rd, 2021 at 5:57 AM

This is general legal advice only. You do not have an attorney-client relationship with Attorney Lynn E. Coleman without a signed retainer agreement and payment of any applicable fees.

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