Archive for the ‘News’ Category


haveyouseeneme

The Search Continues

Continuing coverage of the State of Ohio vs UPH:  According to the Medina County Clerk of Courts, attempts to serve Mr K and Unmistakably Premier Homes via Mr K have been unsuccessful.  In documents dated December 19th and 27th of 2012, both attempts failed due to “unclaimed, unable to forwards summons and complaint.”  Both summons were addressed to the (former?) UPH offices at 1392 High Street in Wadsworth.  Independent attempts to contact Mr K by non-legal entities have also gone unanswered.

If you have any information as to where Mr K may be residing at this time, please feel free to post below.  We’re sure the Ohio AG will appreciate the help!


Earlier, we mentioned reports of the Ohio Attorney General’s Office filing a multi-count complaint suit against Unmistakably Premier Homes, and it’s owner, Stephen M. Kovack.  After doing our happy-dance, we decided to take a closer look into the suit so we can see exactly where Ohio AG, Mike DeWine is going with this.  Here’s what we can gather…

The AG goes to great lengths in documenting exactly why they are bringing this action against UPH.  Nearly a third of the document outlines all the issues we as UPH home owners (or potential owners) have faced.  It almost reads like this blog!  But in reality, the examples match up with all the complaints that have been posted on the AG’s website.

There are five counts in the complaint.  Each of these counts are separate violations of the Failure to Deliver Rule of Ohio Admin Code 109:4 and/or Consumer Sales Practice Act, ORC 1345.

  • Count 1 – Failure to Deliver:  Essentially, this count asserts that UPH has accepted “substantial down payments” and then “failed to deliver the good/services purchased.”
  • Count 2 – Failure to Perform in a Workmanlike Manner and Failure to Correct Such Work:  This one’s self explanatory.  This is in violation of ORC 1345.02(A).
  • Count 3 – Performing Contract Work in an Incompetent, Unsatisfactory and Unworkmanlike Manner:  Similar to Count 2, this is also in violation of ORC 1345.02(A).
  • Count 4 – Failure to Honor Express Warranties: UPH gave warranties, just never honored them.
  • Count 5 – Stalling and Evading Obligations, Including Failure to Promptly Deliver Services for which Consumers Contracted:  This is the one that affects us at Mistakably Premier the most – basically, giving excuses and delaying work.

All these accusations, according to the complaint, have been previously been found by Ohio courts to be in violation of ORC 1345, so UPH should have known doing so would, in effect, bring them legal trouble.

So, if the State proves their case in front of the court, what are they seeking in terms of relief?  Again, citing the complaint:

  • Keeping Mr. K, UPH, and any of it’s agents from “engaging in consumer transactions within the State of Ohio until full restitution is made to all consumers…”
  • “Issue a declaratory judgement” declaring UPH violated ORC 1345 as stated previously
  • Impose a fine of $25,ooo for each violation of the Consumer Sales Practice Act
  • Reimburse consumers who have been injured by UPH’s alleged practice
  • Order UPH to retain the last five years of all business records and make them available for the Attorney General’s Office to review them within 24 hours of the request (as an added jab, the cost to copy and deliver would rest solely on UPH)
  • Reimburse the State for any costs in bringing this action
  • “Grant such further relief as justice and equity require”

Make sure you peruse the entire document on the AG’s Website, or by clicking HERE.


19 Action News’ Danielle Serino

This afternoon, Mistakably Premier received an urgent, and somewhat cryptic, email for our favorite investigative reporter, Danielle Serino:

TURN ON THE NEWS TODAY at 4:30 OR 5:30 AND TELL ALL YOUR PREMIER FRIENDS!!!!

The caps and the multiple exclamation points are all hers.

What could be in store?  We’ll be setting our DVRs, and we hope you can tune in as well!

UPDATE:  Our sources (okay, our email) just noted that a full story will be done at 11:00…

UPDATE:  Looks like the story about Ohio AG suing UPH is the scoop.  The stories at 4:30 and 5:30 talked about the filing, and promise more in-depth coverage at 11:00, so set your DVRs!


Tenacious D!

Intrepid 19 Action News consumer reporter, Danielle Serino, aired another story last night on the 11 o’clock news in her quest to rid Ohio of bad contractors.  While not specifically aimed at our favorite home builder, there was quite of bit of B-roll used from her previous expose’ on Unmistakably Premier Homes, and featured one Premier Homes “customer” in particular, who’s out $15 large due to Mr. K.

Check out the video by clicking HERE!


Mark it on your calender: July 9th, 2012, 6:30 PM.  That’s the date and time when 19 Action News will be on location to tape interviews with us less-than-satisfied customers of UPH.  Wanna join the fun?  Then make sure you shoot us an email to mistakablypremier@gmail.com to show your interest by July 4th.  If you RSVP, we’ll let you know the super secret meeting location (namely, the Mistakably Premier home offices) so you can attend!


Stay Classy, Cleveland! Danielle Serino will be Interviewing Mistakably Premier Homes,

Woodward.  Bernstein.  Serino.  Wha-wait, who?  You hear us, we said Serino, as in 19 Action News’ Danielle Serino, investigative consumer reporter and anchorwoman (or is it anchorperson?).  Ms. Serino contacted our humble blog looking for the skinny on our favorite home builder, and we’re more than happy to oblige.  After speaking with her over the phone this evening, Danielle (yes, we’re on a first name basis) asked us to appear on camera.  Not sure when this will be (sometime in the next week or two perhaps), but it sounds like she’d love to hear from all of our loyal readers to tell our stories.  So, if you’re up to it, drop us an email at mistakablypremier@gmail.com, and tell us if your interested in joining the love-fest that we’re sure this will be.  We’ll be sure to get back to you with a time and a place where the cameras will be.  If you don’t want to attend, but have already submitted your story to Mistakably Premier, look for an email asking if it’s okay for us to give that info over to Danielle.


UPH Being Shown the Door

Looks Greenhaven has gone all Fleetwood Mac on UPH and told them to “Go your own way!”.  Residents of the primarily UPH developed subdivision of Dover Highlands received a letter this week from Greenhaven Development Company, who are now the proud managers of the community’s Home Owner Association (HOA).  The complete letter can be read after the break, but here are some of the highlights:

  • Greenhaven has partnered with Ryan Homes “to ensure that Dover Highlands would move forward”
  • Greenhaven has severed it’s ties with UPH, but will be “continually pressing UPH to complete their obligations”
    • UPH still owns 7 lots in Dover Highlands, and will be allowed to build on them
  • Greenhaven purports that “under Unmistakably Premier Homes and Barnett Management (previous HOA manager), the HOA has suffered financially and operationally”

That’s some good news for the homeowners in Dover Highlands, but not so great news for UPH customers.

(more…)


Do You Believe?

In 1980, the US National Hockey team upset the Soviet Hockey team in Lake Placid, New York, paving their way to Olympic gold.  As the final seconds of the match counted down, broadcaster Al Michaels delivered his famous call,

11 seconds, you’ve got 10 seconds, the countdown going on right now! Morrow, up to Silk. 5 seconds left in the game. Do you believe in miracles? YES!

Today, we believe in miracles!  Okay, that may be a bit extreme, but today, the long awaited day of morning room painting finally became reality!  We are proud to announce that the reason this blog was created, the reason we began documenting our plight – our morning room – has finally been completed!  Painters from  GPC Improvements  arrived this morning to complete the work – and did a wonderful job at that.  We couldn’t be happier with their work.

We would be remiss if we did not mention the fact that this was organized by UPH’s new warranty man, Andy.  Ever since our meeting a few weeks back, we have noticed a substantial improvement in communication and follow through.  We hope that we can continue to provide more positive news in the future.

Now, if we can just get rid of the fresh paint smell…


Let’s Hope No Resistance is Encountered!

This past week, we received an email from a “Ms. M” who appears to represent Mr K and UPH.  This is the first time anyone affiliated with Premier has contacted us since we began providing this outlet for us, and others, to discuss our issues with our Unmistakably Premier Homes.

We haven’t spoken with Ms. M at any great length (basically traded emails), but we plan to speak with her soon.  We will say that she appears to genuinely want to help resolve our issues, and that this overture is greatly appreciated.

So, along with all our questions and concerns that we’ll be asking, are there any questions you, our readers, would like us to ask?  I know one of our first questions will be, “What took you so long?”!


We wonder if their houses look like this?

This AP story came off of the Medina Gazette’s Twitter feed:

COLUMBUS — The Ohio Supreme Court has been drawn into the case of two central Ohio couples who say their homes became giant magnets that hampered their TVs, phones and computers.

Click the quote for the entire story.