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  1. #1
    Join Date
    Aug 2008
    Posts
    8

    Default Retailer Sells Previously Owned Furniture

    My question involves a consumer law issue in the State of: Alabama

    If a retailer in Alabama resells previously owned recondition salvaged furniture and does not disclose this to the customer is this fraud? In most cases these are items that the manufactuer has replaced under warranty and issued the retailer a full credit for. I know it is not ethical, but is not telling the customer about the product they are buying fraud? I am a previous employee of the retailer. Thanks.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Retailer Sells Previously Owned Furniture

    If the owner is representing to the customer that furniture is new when in fact it is used or refurbished, that's certainly deceptive to the consumer.
    Quote Quoting Alabama Code, Sec. 8-19-5 - Unlawful trade practices.
    The following deceptive acts or practices in the conduct of any trade or commerce are hereby declared to be unlawful:

    * * *

    (6) Representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, secondhand, or altered to the point of decreasing their value or rendering the goods unfit for the ordinary purpose for which they were purchased, provided that this subdivision shall not apply to new goods which have been reconditioned, reclaimed, or repaired and such fact is disclosed to the purchaser.


    * * *
    You can read the full statute, and associated consumer protection statutes, here.

  3. #3
    Join Date
    Aug 2008
    Posts
    8

    Default Re: Retailer Sells Previously Owned Furniture

    Thanks for your information. The products they are selling are sold out of a warehouse/showroom. A few of the products at various times are actually new, and some are floor demonstration models that have been brought in from the primary retail location. Sometimes items will be tagged "AS IS" meaning no warranty. Or sometimes the term "scratch and dent" will be verbally conveyed to the customer. The fact that there are products that may have been in someone elses home for a period of time is never communicated to the customer. Also realize since the retailer has been given a credit on their account from the manufactuer, whatever they sell it for is a 100% profit for them.

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