Robert
Irvine,#2Consumer Comment
Thu, December 15, 2011
Depending on your exact state laws they may or may not have violated laws on selling used mattresses. Your mattress would defiantly be damaged but most likely there is no laws about selling "damaged" mattresses. So you would have to find out if what they sold you would first qualify as "used" and second if they did violate any laws. If they did violate any laws then that would override any "As-Is" clause and you should be able to sue them in Small Claims.
On the "flip side" this is a Sofa Bed right? So since presumably you are buying it for the "bed" feature. If so why didn't you at least pull the bed portion out BEFORE you bought it? Especially with an "As-Is" item. What if it didn't work, what if it wasn't comfortable?
Go4gold
shrewsbury,#3Consumer Comment
Thu, December 15, 2011
Since the sofabed was on the showroom floor, didn't you think of opening the sofabed while in the store to make sure it works and had all of its parts? If you did you would have found the problems with the sofabed. When you buy something "As is" you need to check the item out before buying/taking it home. You didn't even check the sofabed when you receive it. How do you know where the stains come from? Do you have other people in your apartment?