Can a store refuse to sell to us because we previously forced them to honor their warranty?

UPDATED: Oct 1, 2022

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Can a store refuse to sell to us because we previously forced them to honor their warranty?

A few years ago, we bought a mattress from the Great American Home Store in
Memphis, Tn. When we bought the mattress, we explained to the salesman that
my wife has lupus and that she would know within a few days whether the mattress
would work or not. The salesman told us that they ask for the customer to keep the
product for 30 days but, if we decided after only a few days she couldnt sleep on
the mattress, they would refund the money or we could change to another. Within a
couple of days my wife couldnt get out of bed because the mattress hurt her so
bad. We went to the store and asked to exchange the mattress. They refused so we
asked for a refund. They said we had to keep the mattress for a full 30 days. I tried
to explain to them that my wife had lupus and that it would only make her condition
worse. I finally had to threaten to contact a local news station to get them to refund
the money. New Link Destination
day which is a few years later, my wife went in to pay for a new
sofa cash. They told her there is a security lock against us and that they could not
sell to us. Is this legal?

Asked on January 4, 2018 under Business Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, it is legal: a store or other private business is allowed to not serve/sell to anyone they want, so long as the reason is not discrimination (e.g. racial or religious discrimination). Having had a dispute with the store previously over a warranty is a valid, non-discriminatory reason to not sell to you--you'll have to find another furniture store.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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