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.
Mistakably Premier 