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I apologize explanation: I purchased what I believed would…

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I apologize for the long...
I apologize for the long explanation: I purchased what I believed would be a high quality mattress from The Room Place for approximately $1300. After 3 months of sleeping on the mattress, we noticed 2 depressions developing, one on both sides where my husband and I slept. We tried rotating the mattress. After another month, the depressions increased and became a deep dents. I have back issues, and this huge dent made it impossible to sleep comfortably on the mattress anymore. We called The Room Place to find out if we were covered under warranty, which they confirmed was good for 1 year, and covered any dents of at least 1.5 inches. An inspector was sent from the Room Place and measured the dent to be approximately 1.5 inches. The inspector also said any dent of 1.5 inches or more should be covered. A week later, we called the Room Place to follow up on our claim and the phone representative now said we would not be covered because the depression was not found to be "greater than 1.5 inches," which is different than what we were initially told. I found the mattress manufacturer King Koil's warranty packet attached to the mattress and their warranty policy says our specific mattress will be covered for dents of 1 inch or greater. I contacted King Koil, who referred me to the Bedding Group, who in turn referred me to their legal reps Cofoid Enterprises, and now I'm waiting for all three parties to decide how to proceed. Before this situation grows more frustrating, I would like to know: Would I be justified taking the Room Place to court for not only their flip-flopping policy and conflicting policy to the very mattress they sell, but also for the discomfort caused me, because I have had to sleep on the old mattress in my guest room and not in my own master bedroom for the last 2 months? I appreciate any and all assistance.
Submitted: 2 years ago.Category: Consumer Protection Law
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Answered in 10 minutes by:
3/7/2016
Consumer Protection Lawyer: Barrister, Lawyer replied 2 years ago
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 43,051
Experience: Attorney,17 years experience in consumer protection areas
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

The retailer isn't the entity that handles any warranty claims regarding a defective mattress replacement, they are just the agent for the manufacturer. It is kind of like a car dealer, if you get a lemon for a vehicle, you have to sue Ford or Chevy, not the local dealer who sold it to you.

.

So here, suing the retailer wouldn't be legally proper and they would be able to move the court to dismiss any suit on the basis of not making an "indispensable party" (i.e. the manufacturer) part of the lawsuit.

.

With that said, if the manufacturer won't honor its warranty, your recourse is against them directly under a breach of contract claim, not the local dealer who sold you the mattress as its agent.

.

Whether a judge would award you additional punitive damages for discomfort, I can't say, but he could definitely award you the cost of the mattress back if you returned it..

.

.

thanks

Barrister

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