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If you’ve recently bought a new mattress, you’re going to encounter the problem of getting rid of your old one. Ideally, you’ll be able to sell your used mattress for some extra cash. Is it legal? This guide will cover resale laws and what to consider in order to sell a used mattress without legal issues.
Laws Covering the Sale of Used Mattresses
US law addresses the sale of used mattresses more frequently than most other household items. The sale of used mattresses in the USA is regulated at both the federal and state level.
Some federal regulations, such as federal standards on flammability – enforced by the Consumer Product Safety Commission – are the same for new and for used mattresses.
Laws, regulations, and considerations you should keep in mind if you want to sell a used mattress on Craigslist or another platform:
- Federal laws
- State laws
- Law considerations
Federal laws
- Tagging and labeling
- Federal standards on flammability
Tagging and labeling
Tagging used mattresses is governed by Federal Laws. This rule only applies to businesses and retailers and doesn’t apply to individuals selling mattresses.
If you are buying a used mattress from someone, it’s best that you know them personally. If you are buying it from the Facebook marketplace or other social media pages, there may be a problem with complaints, warranties, and refunds.
In some states, labeling used mattresses is mandatory by federal regulations. Used mattresses can be labeled with yellow or red tags. Sometimes both.
If you are selling used mattresses as a retailer, in certain states you could be obliged to tag them with proper labels. If you are a potential buyer, you should pay attention to the meaning of color-coded tags.
Yellow tag
A yellow tag informs you that a used mattress has been cleaned, washed, and sanitized.
Red tag
A red tag informs that a used mattress is rebuilt or made from used or recycled materials.
Both tags
A mattress that has attached both tags (yellow and red), meets sanitation requirements and also informs the customer about the materials used in its production.
White tag
The white tag is used exclusively for new mattresses made of new materials.
Under threat of legal sanction, only buyers should remove these tags after purchasing. The purpose of labeling is to ensure the prospective buyer that they are buying a mattress without visible stains, dust mites, and other allergens. And to inform them if they are about to buy a mattress made from used materials.
Federal standards on flammability
When following the mattress testing procedure, one must comply with these two criteria enforced by the Consumer Product Safety Commission at the federal law level:
- The “peak rate of heat release” for a mattress should not exceed 200 kilowatts during the standard 30-minute safety test (cigarette ignition)
- “Total heat release” during the first 10 minutes of the test should not exceed 15 megajoules. (controlled open flame)
- Part 1632 and Part 1633 – standard for the flammability of mattresses and mattress pads – provide the details of these regulations and the procedure.
These specific regulations apply to used mattresses if the sleeping surface has been changed or reconstructed. All mattresses subjected to commercial sale in the USA must comply with these standards.
The purpose of flammability standards is to prevent rapid spread of fire due to the flammability of the material contained in the mattresses.
A flammability label is required whether the product is produced domestically or imported.
State laws
The resale of used mattresses in the USA, in most cases, is regulated by the State Laws and it’s regulated differently in each state.
Most of the state law regulations aren’t applied to the individuals selling mattresses but only to retailers and other registered businesses.
Some states are following federal law, so used mattresses intended for sale must be properly tagged. These tags inform the potential buyer about the used mattresses’ general condition.
In some states, tag confirms that mattresses are cleaned and sanitized and in others, these labels inform prospective buyers about re-used materials that the mattress is made of.
Legal specifics in certain states
In California, it’s illegal to sell used mattresses with visible stains. In New York, as an individual, you can sell used mattresses in any condition, but retailers need a special license. In Arkansas, it’s illegal to claim that used mattresses are new. Maryland retailers can’t sell them at all, but individuals can. Georgia state law addresses that used filling must be labeled.
The only state that prohibits selling used mattresses is Kansas. But Kansas’ second-hand furniture sellers have figured out a way around this ban. The law allows the sale of used beds and frames along with other accessories, so they include used mattresses as “accessories”.
As you can see, the legislation in this field is very lively, colorful, and prone to change. If you want to know more about specific regulations and research mattress resale laws in your state of residence, you should contact your local department of health.
Disclaimer: contact your local department of health as regulations on used mattresses could change.
Legal considerations
Legal considerations you should keep in mind if you want to sell used mattresses:
- Used mattress cleanness
- Mattress filling
- Mattress covering
- A ban on presenting used mattresses as brand new
Used mattress cleanness
In most states, returned and used mattresses must be properly cleaned, washed, and sanitized before the sale. The majority of state laws oblige sellers to tag a used mattress as proof that it is properly cleaned and sanitized by approved methods.
There were cases when retailers sold un-sanitized used mattresses. This is unhygienic and is contrary to public health guidelines.
As part of the Covid-19 epidemiological response, surfaces coming into contact with people should be sanitized particularly carefully. Buying a used mattress from someone you trust is a good option, as is sanitizing it yourself.
Prescribed methods for sanitation are steam cleaning, commercial laundering, and chemical treatment.
By using cleaning chemicals, you can remove yellow stains from the mattress and by using the steamer’s heat, you can eliminate germs and other microbes hiding in the mattress. Lightly use of a proper spray should neutralize bed bugs.
Regular disinfection is the recommended method, but keep in mind that disinfection comes after cleaning the mattress. When applying this method, you should use approved disinfectant products and always follow the directions on the label.
Mattress filling
In some states you can sell only spring coils as a part of the mattress also federal law regulates that filling inside the mattress must reach the flammable standards enforced by federal law.
Mattress covering
While in some states selling used mattresses without replacing the primary sleep surface is banned, in others this is mandatory – due to the possibility that a new cover may hide stains or other internal and external damage.
A ban on presenting used mattresses as brand new
In some states, furniture stores told consumers that their used mattresses were “rebuilt” and “comprised of all new materials except for the springs”, when in fact, they were selling old mattresses re-covered with new materials. If you google a little bit on this topic, you will see that these court cases have been thoroughly covered in the media as well.
This reckless behavior of some mattress sellers has brought the need for customers to be better informed through mandatory mattress tagging and to be more adequately protected by the law.
How to Sell a Used Mattress Legally
If you want to sell a used mattress as an individual, you don’t have many legal obstacles. However, you should follow the above-mentioned legal considerations to sell the used mattress. Besides legal aspects, the price may be affected by other factors:
- Condition of the used mattress
- Selling venue
- Setting resale price
Condition of the used mattress
Properly sanitized mattresses, without visible stains and signs of physical destruction, should be easy to sell. If you properly clean your mattress before the sale, you will fulfill the legal obligation of cleanliness.
You should repair any broken zippers and loose threads. If the state law allows selling a mattress with visible burns, scrapes, and stains, change the ticking cover; but do so after cleaning the mattress first.
There are a few ethical considerations to take into account before selling your mattress for further use. You should ensure that the mattress is washed, bed bugs-free, and still body-supportive.
Where to sell it
You should choose your selling tactics carefully. Selling a used mattress to a brick-and-mortar store can be a reasonable and legal choice, but individuals rarely choose a brick-and-mortar retailer who, on the other side, prefers to buy well-maintained mattresses. The mattress price they offer is usually too low since they want to maintain their profit margin.
People often sell used mattresses over community-based websites and social networks. Some websites are free, others may charge you a small fee. These sites allow you to post advertisements and sell directly to other people. You can advertise your used mattress in newspaper classifieds or online listings. Be sure that these websites are legit, don’t leave personal information on suspicious websites.
When you specify the qualities of the mattress, highlight the mattress height and size (Twin, Twin XL, Full, Queen, King, California King, or specialty size). Let the buyer know if you took good care of the mattress. Mention if you were using a mattress protector or a mattress topper, as well as other details.
Pricing
Have you been wondering how much to sell your used mattress for? First of all, pay attention to the condition of the used mattress and its original price.
If the protective seal is removed, the mattress is considered used. If you are selling a mattress that is only unpacked but never used, be free to mention this to potential buyers, and if you have proper documentation about mattress age, show them. You may post a few photos of your used mattress along with licensing tags if you still have them. In such situations, you should try selling it for 80% of the original price.
For more frequently used mattresses, take the condition in which they are and their original cost into consideration
Selling a used mattress usually helps people save money when buying a new one. They may also be moving to a new apartment, so transporting a mattress along with other furniture may add to their expenses. If you are a mattress buyer, here’s some food for thought. Which is better – a well-preserved and rarely used guest mattress or an uncomfortable and low-budget new mattress with a good price but questionable quality? If you’re a used mattress seller, you may encounter some legal entanglements. Here’s all about resale laws and what to consider in order to sell a used mattress without legal issues.
Frequently Asked Questions
Apart from Kansas, selling a used mattress is legal for individuals. If you are selling a used mattress as an individual, keep in mind a few ethical considerations such as the cleanness and usability of the used mattress you are selling.
In most states, it is legal, but many of them require compliance with the state law which regulates used mattresses labeling.
A yellow tag informs if the mattress is sanitized. The red tag informs if the used mattress was rebuilt or made from used or recycled materials. Also, it is illegal to sell a used mattress representing it as new.
You can give your old mattress to someone you know, and this is an eco-friendly solution. Friends know you and trust you, and if they are not interested and don’t need this gift, maybe they know someone who is.
If you have a proper tool and spare time, you can dispose of your old mattress by breaking it down. Soft materials can be disposed of in the trash, and steel springs may be sold at the scrap yard.
Also, you can use a junk removal company to get rid of it for you. If you are eco-friendly, keep in mind that some companies may misuse this donation of old mattresses to save money, some of them won’t recycle your old mattress but rather dispose of it in the landfill, which may cause pollution of land and water.
Calling a mattress disposal service may be a better solution because they are specialized and experienced in the eco-friendly removal of old mattresses. In many cases, this is done through special community programs in cooperation between the community and the disposal agency.
Though mattresses are wanted as second-hand merchandise, set a reasonable price without high expectations. The price of many brand new mattresses isn’t high to begin with.
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