Legal Question in Product Liability in Georgia

After a divorce, my teen son and I moved to a new place in October 2009. With a very tight budget, I decided to use the only extra cash I had to buy his bedroom furniture on Craigslist. Found a Craigslist posting on Friday, October 16. Contacted the seller and picked up the furniture the next day. Walked into her home only to be greeted by three dogs and two rather large cats. Funny, not one word about any pets in her posting (not one word). While I was there, she literally made the animals a non-issue and never discussed anything about them. My fault in all of this was assuming that if there were a problem then surely the seller would say something before completing the transaction.

Got the furniture home and overnight the urine and cat smell marinated over my entire little house. My son and I woke up to the worst stench imaginable. I have sprayed, wiped, disinfected, and even ordered professional urine odor removal products on-line. Nothing has worked and my son is currently sleeping on the sofa. The disgusting odor is driving us insane and I am at my wits end.

I called the seller about it. Only then did she start explaining that her pets had run of the house and she did not control them. I asked why there was no mention of pets and their living arrangements in her Craigslist ad. Most sellers will include that information in case a buyer is allergic. Her response� she didn�t say anything because the cats (and I guess the smell) doesn�t bother her. She abruptly ended the call and now I�m mad. What can I do? I want this furniture out of my house and I want my money back (it�s all I had). Not to mention the disappointment my son feels.


Asked on 10/22/09, 11:06 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Unless your agreement included a money back guarantee, this is the risk you took in purchasing used furniture. You obviously had a chance to inspect the items (and if you did not, it was again your risk in purchasing). Further, it does not change the outcome one way or the other, but you had notice this was an issue. The financial hit is unfortunate, but this was the risk of buying used.

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Answered on 10/28/09, 8:47 am


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