Legal Question in Consumer Law in Virginia

Mattress stored at my home for ~ 6 weeks

We bought a mattress over the internet from a company in Virgina, that purchased it from the dealer in Canada. The wrong mattress was either order incorrectly or made incorrectly, but we received the wrong mattress. The Va company told us to use the mattress until a new one was made and delivered to our home. We received the mattress we ordered ~ 8 weeks after the original oreder and payment. The Va, or Cananda company, did not pick up the original wrong mattress, and we have contacted the owner of the Va company ~ 4 times to have him pick it up. He has not returned any calls, I gave him a deadline of today to pick it up or arrange a company to pick it up. What are my legal rights for this mattress? I want to sell it, or charge them storage fees. Can I do either? How long do they have to pick up, or arrange pick up of this mattress?


Asked on 4/03/06, 5:48 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Mattress stored at my home for ~ 6 weeks

Do with it what thou will. (You've already afforded the company owners ample opportunity to

reclaim their nonconforming goods.)

I would, however, to be on the safe side, preserve all written records/documents pertaining to this matter for at least the balance of the year 2006.

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Answered on 4/03/06, 6:19 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Mattress stored at my home for ~ 6 weeks

I would sleep on it.

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Answered on 4/03/06, 7:27 pm


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