Posts Tagged ‘Unmistakably Premier Home’


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.

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It’s been awhile since we’ve posted.  Unlike our last long-term absence, this one was due to, you know, living life.  But we do have some updates to pass along.

Last time we posted about the pending meeting we were to have with Mr K. at our humble abode.  We’re pleased to report that the summit went pretty well. In attendance was not only Mr. K, but UPH’s new warranty manager, Andy.  The conversation covered many things, including our own issues with our Unmistakably Premier Home, our overall dissatisfaction with UPH’s responsiveness, Biggie S’s status, the current state of the business, and last, but certainly not least, our readers’ concerns.

But before we get into a full debrief, we’d like to first say a few things about Mr K. himself.  Surprisingly, Mr. K is a very personable man.  He was very frank and candid with us, andm to top it off, he was very apologetic.  His candor and apology was very much appreciated.  His warranty manager, Andy, also seems to be a pretty stand-up guy.  That being said, let’s get to the nitty-gritty!  Pour yourself a tall one, and get really comfortable – this is gonna be a long post!

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Hoooo-gan!!!

When we purchased our Unmistakably Premier Home, we never thought we’d be so fortunate as to have included, at no extra cost, a refrigerator!  But unfortunately, this ice box only works from October to April, and, for the rest of the of the year, converts itself into an oven.  You may have already guessed that this isn’t a GE, a LG, or even a Frigidaire – this is an UPH signature appliance.  Interestingly enough, Colonel Klink from “Hogan’s Heros” had one, and called it “The Cooler”.  Colonel Hogan would sometimes spend 30 days in it.  We call ours the  bedroom over the garage, and spend 365 days a year in it.

We suspect the reason the room takes on the temperature of the garage below it is lack of proper insulation.  We’ve seen enough episodes of Holmes on Homes to understand how, if a garage ceiling isn’t properly insulated, the room above it is essentially exposed to the elements.  We haven’t done any exploration of the garage ceiling to confirm, but if we were betting people, that’s what we’d place our money on.

Another possibility would be the HVAC system design.  To be honest, it doesn’t seem to blow all that hot in the winter, or cold in the summer when the A/C is on.  This may also be a symptom of the improper insulation.   This wouldn’t be the first time UPH has either cut corners or outright missed the opportunity to insulate correctly.

Admittedly, we have never submitted this as a formal walk-through issue.  Chalk that up to one-part ignorance on our part, one-part problem fatigue with the rest of the issues.  Therefore, technically, this isn’t a issue we have raised with Premier before.  But since we have been writing about all the issues we have been having, we figure why not make others aware of this issue.  If you are currently building with Premier (or any other builder for that matter) make sure you discuss the issue of proper insulation of the garage – it’ll save you some heartache in the long run.