Hi I purchased a mattress at sears four years ago the mattress has a 10 year warranty.
The mattress is sagging in the left side by over 2 inches, so we called sears and they sent out one of their reps to look at the mattress he takes some measurements takes some photos. And leaves.
Later I do not hear from sears for about 3 weeks so I called them and they said that there is nothing they can do because the mattress has a stain on it and that voids any warranty,
When we purchased the mattress 2008 they said nothing about stains voiding any warranty and there is nothing on our invoice indicating this as well.
Well my wife and I went mattress shopping at sears again yesterday and told the sales clerk we wanted to purchase a mattress. We were there for about 35 minutes and not once did she say the mattress warranty will be void if you get a stain on it. We were blown away that a company like sears is misleading clients when they are spending over 1000.00 dollars on a mattress.
Sleep Country and the Brick all sales staff made as aware of the staining policy right away.
Can I sue them for misleading us on the warranties?
Thank You

Do you actually have a copy of the warranty? What specifically does the warranty say?

I don't see how a stain could have anything to do with the mattress sagging. What caused the stain?

On June 29th I contacted Sears to report that my mattress was sinking/ had a large body impression in it. I was instructed to file a warranty claim for a replacement mattress. I was told that I Sears no longer carried my mattress model and that they would recommend the most similar model available and that I would have to pay for shipping for the replacement. Within this phone call I told the representative (I believe his name was John) that this sounded like a scam and his response was “things aren’t made as well as they used to be”. This made me very upset so I asked for the name and model number that they were recommending so that I could go try it out in the store. After trying out the recommended mattress model “Sorano (Item 42351)” in the store, I called Sears to let them know that I was OK with that model. One week later I expected to receive a Sorano 42351 pillow top mattress. When it arrived on Saturday July 14th, the delivery driver showed me that it was filthy so I refused delivery. I called Sears and set up another delivery. On July 21st the second mattress arrived and just after the delivery drivers left, we discovered that the mattress not only had multiple dirt spots but also what appeared to be blood stains. I called Sears immediately as well as the following day to report this issue. I also asked several customer service reps if the replacement mattresses were refurbished- I never once received a clear answer. I am now scheduled to receive a THIRD replacement mattress on Saturday July 28th. In addition to the mattresses arriving dirty, another issue at this point is that I am 100% certain that the second replacement mattress is not the same as the Sorano model 42351 that I tested in the store. It is a cheap imposter. While there is a tag that says "Sorano" on it, I do not see this item number 42351 on the manufacturer's tag. Unlike the model in the store, the mattress that I received is extremely cheap and hard. Given my experience up to this point I suspect that Sears is trying to give me a used mattress of a different model with fraudulent tags. I asked several customer service reps if the mattresses I had received were refurbished and I was always given a VERY vague answer. On Monday July 23rd, I returned to my local Sears store to try out the Sorano model mattress again and confirmed that what I was sent is not the same as what I tried in the store. While I was in the Sears store I called Sears’ mattress delivery department (888-567-7352) and I spoke to a manager named Dona (ID # 24201) who only said that she "can't say for sure if your mattress was refurbished or not but I will make sure to contact corporate headquarters via email to make a special request that you receive a new mattress". I asked to be CCed on this email and she agreed that one way or another I would receive a formal notice/promise that I would receive an unused mattress. I also told the manager that at this point it was not fair to have to pay for shipping so that cost was refunded to me and I was also given a $50 gift card. I am scheduled to receive a THIRD replacement mattress and given my experience thus far, there is a high likelihood of me receiving a used/ refurbished mattress or a cheap imposter of Sorano 42351. If I do not receive the correct model that is in brand new condition then I would like a full refund in the amount of $1084.99 from Sears. In this last 4 weeks of dealing with Sears I have found multiple consumer rating websites detailing horror stories from Sears customers who were sent poor quality replacement mattresses and who felt like they never received proper customer service in their attempts to get a replacement. I am submitting this complaint because I suspect that Sears’ warranty operations are fraudulent. If they refuse to provide me with a quality mattress then I would like to BBB to help me to get a full refund.

... I am submitting this complaint because I suspect that Sears’ warranty operations are fraudulent. If they refuse to provide me with a quality mattress then I would like to BBB to help me to get a full refund.

Why are you telling us all of this? Do we look like the BBB? If so, sorry, we are not. :)