Legal Question in Product Liability in Colorado

Purchase a bed, the man wont return, it isnt the bed I purchased...

I bought a bed from a private seller whom had an over stock of mattresses. The man owned and operated a small business. I get the mattress home and the next day, my dad points out that the bed isn't a queen (like I thought I had purchased) but is actually a double. Fed up, I tried to return it but the man refuses. Furthermore, the guy printed me off an invoice showing proof of purchase but it was clearly printed using excel. Lastly, the man was promising a warranty but upon further investigation, the mattress producer won't warranty it without a receipt from an authorized dealer. When I purchased the bed, the man reassured me I had a warranty and told me I could contact him if I needed any warranty work done. He never mentioned that I had to keep the wrapping which may have contained a warranty card. To make matters worse, I slightly damaged the bed while moving it. WHAT CAN I DO? I can probably prove in a court room that it's not too far fetched to believe the man damaged it before selling it...


Asked on 10/17/08, 1:37 am

1 Answer from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Purchase a bed, the man wont return, it isnt the bed I purchased...

On the other hand, it's not too far fetched to believe you are willing to commit perjury over something as trivial as buyer's remorse. All this business about the manufacturer's warranty will make you sound more than slightly ridiculous. Having damaged the mattress, you've already voided any warranty you might never need anyway.

As they say: you've made your bed; now lie in it.

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Answered on 10/17/08, 11:53 am


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