5 Things You Should Think Twice About Before Buying

You finally have the keys. The closing papers are signed, the boxes are in, and you are ready to make the place your own. Or maybe you have been saving for years to fix up your current home. Either way, this is the moment when Missouri homeowners are most tempted to spend — and most likely to sign contracts they have not read closely.

The original version of this article offered five common-sense reasons to think twice before spending on landscaping, a swimming pool, appliance warranties, private mortgage insurance, and new furniture. That advice still holds. But thrift is only half the story. Each of these five purchases also carries legal rights and legal exposure that most homeowners never hear about — Missouri lien statutes that can cloud your title, premises-liability duties that follow a new pool, warranty protections you already own by operation of law, and a federal statute that forces your lender to stop charging you for private mortgage insurance.

Here are the same five purchases, re-examined through the lens of Missouri and federal law, so you can protect your home, your family, and your wallet at the same time.

1. Big Landscaping and Remodeling Contracts: Missouri's Mechanic's Lien Trap

A landscaper or remodeling contractor can transform a property, and the big yard may be one of the reasons you bought the house. Before you sign, though, understand that Missouri gives contractors, subcontractors, and material suppliers a powerful collection tool: the mechanic's and materialman's lien under RSMo § 429.010 and the sections that follow it. A lien attaches to your real estate itself, can cloud your title, and in the worst cases can be foreclosed — even when your dispute is really with the person you hired, not the person filing the lien.

Missouri adds special protections for residential owners, but they only work if you know about them. Under RSMo § 429.013, an original contractor working on residential property must give the owner a written "NOTICE TO OWNER" disclosure before the work begins, and subcontractors generally must serve a notice of lien rights to preserve a lien against an owner-occupied residence. An owner who pays the general contractor in full before receiving a subcontractor's notice of lien rights is generally protected from paying twice. That protection evaporates, however, if you pay in full too early or ignore notices taped to your front door.

Practical steps follow directly from the statute: insist on the written notice, collect lien waivers from every subcontractor and supplier as you make progress payments, verify the contractor's insurance and references, and never make the final payment until the work is complete and the waivers are in hand. A few sheets of paper at the right time are the difference between a finished patio and a lien on your home.

2. An In-Ground Swimming Pool: Missouri's Attractive Nuisance Problem

Yes, the backyard is big enough for a resort-style pool, and yes, your agent talked it up when you bought the place. Pools genuinely are expensive to build and maintain, and in many neighborhoods they do not return their cost at resale. But the reason a Missouri homeowner should think twice is not the budget — it is the liability.

Missouri modernized its premises-liability law in Elmore v. Owens-Illinois, Inc., 673 S.W.2d 434 (Mo. 1984), which moved landowners toward a general duty of reasonable care. When it comes to children, Missouri also recognizes the doctrine commonly called attractive nuisance, drawn from § 339 of the Restatement (Second) of Torts. In plain terms, a landowner can be liable for injuries to trespassing children when an artificial condition on the property — and a pool is the classic example — is one the owner knows children are likely to reach, poses a risk of death or serious bodily harm that children because of their age will not appreciate, and the burden of eliminating the danger is slight compared to the risk.

Two limits matter. The doctrine traditionally targets artificial conditions, not natural ones like ponds and creeks, and it does not apply where the danger is open and obvious enough that even a child of the relevant age would understand it. Neither limit is a comfort to a pool owner: an unfenced backyard pool sits squarely in the doctrine's crosshairs, and drowning is one of the leading causes of accidental death for young children. If you install a pool, install the protective measures with it — a code-compliant fence with a self-closing, self-latching gate, door and pool alarms, a proper cover — and call your insurer about raising your liability limits or adding an umbrella policy. Many Missouri municipalities also impose barrier requirements by ordinance, and ignoring them can be evidence of negligence all by itself.

3. Extended Warranties and Appliance Service Contracts: What You Already Own

When you furnish a home with new stainless-steel appliances, the checkout pitch for an extended warranty or appliance service contract feels like prudence. Consumer advocates have long pointed out that these products are high-margin add-ons that are statistically a poor bet for most buyers, and that a dedicated repair fund usually beats the premiums. That criticism has real force — but the deeper point for a Missouri consumer is legal: you already own warranty protection you did not have to buy.

When a Missouri merchant sells you goods, an implied warranty of merchantability arises automatically under the Uniform Commercial Code as adopted in Missouri, RSMo § 400.2-314 — the goods must be fit for their ordinary purposes. The federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., adds teeth: when a seller does give a written warranty or sells a service contract, 15 U.S.C. § 2310 restricts the seller's ability to disclaim those implied warranties and gives consumers a federal remedy.

On top of that, the Missouri Merchandising Practices Act, RSMo § 407.020, prohibits deception, misrepresentation, and unfair practices in the sale of merchandise — a category broad enough to cover how service contracts are marketed. Section 407.025 gives consumers a private right of action and can award attorney fees. The Missouri Supreme Court held in Gibbons v. J. Nuckolls, Inc., 216 S.W.3d 667 (Mo. 2007) that a consumer must show an "ascertainable loss," so mere buyer's remorse is not a claim — but a deceptively sold, worthless service contract can be. The Missouri Attorney General's consumer protection division also accepts complaints about warranty and service-contract sellers. Think twice, keep the paperwork, and know that the law already gives you a floor of protection.

4. Overpaying for Private Mortgage Insurance Past Your Legal Right to Cancel

Private mortgage insurance is the one item on this list that is pure recurring cost: it protects the lender, not you, and you probably did not even choose the insurer. The original version of this article said you can "typically cancel PMI at the 22% equity threshold." The real rule is more precise, and it is federal law.

Under the Homeowners Protection Act of 1998, 12 U.S.C. § 4902, a borrower with a good payment history has the right to request cancellation of PMI once the principal balance reaches 80 percent of the home's original value — that is 20 percent equity, not 22 — provided the borrower is current, shows the property's value has not declined below its original value, and certifies there are no subordinate liens. Even if you do nothing, the servicer must automatically terminate PMI when the balance is scheduled to reach 78 percent of the original value, so long as you are current on payments. The Consumer Financial Protection Bureau explains the same thresholds in its guidance on removing PMI from your loan.

The exceptions are worth knowing before you rely on the rule. Loans designated "high risk" follow a slower schedule, lender-paid mortgage insurance is handled differently because the cost is baked into your rate, and a servicer can refuse borrower-requested cancellation if your payments are delinquent, the home has lost value, or a second lien has appeared. The takeaway: mark the date you cross 80 percent loan-to-value, send the cancellation request in writing, and do not leave money on the table out of inertia. For many Missouri borrowers the savings run to hundreds of dollars a year.

5. Financing a Houseful of New Furniture

There is nothing wrong with wanting a fresh start, and furniture is not a legal minefield the way a pool is. The trap is quieter: how you pay for it. "No interest for 24 months" offers are usually deferred-interest retail installment contracts — miss a payment deadline or leave a dollar unpaid when the promotional period ends, and interest can be charged retroactively on the entire original balance. The furniture itself typically secures the debt, giving the seller a purchase-money security interest in your new sofa under the Uniform Commercial Code as adopted in Missouri.

Missouri's Merchandising Practices Act applies to these retail sales just as it does to warranties, so advertising that hides the true cost of financing can create liability under RSMo § 407.020. The prudent moves are boring and effective: read the finance agreement before you sign it, calculate the retroactive-interest worst case, match the purchase to your actual stage of life — children and pets change what "durable" means — and remember that a payment plan that survives the furniture is a bad bargain. Buy gradually, buy deliberately, and keep your emergency fund intact.

Practical Checklist Before You Sign Anything

• For any contractor or landscaper: demand the statutory notice to owner, collect lien waivers with every payment, and hold final payment until the job is done.
• For a pool: budget the fence, self-latching gate, alarms, and cover as part of the project — not as options — and raise your liability insurance the same week.
• For warranties and service contracts: read what the manufacturer's warranty and Missouri's implied warranty of merchantability already cover before paying for overlapping protection.
• For PMI: calendar the 80 percent loan-to-value date, request cancellation in writing, and confirm the servicer's response.
• For furniture and appliances: compare the deferred-interest worst case to simply paying cash or saving first.
• Keep every contract, notice, receipt, and cancellation letter in one folder; paper wins disputes.

Frequently Asked Questions

Can a subcontractor really put a lien on my Missouri home even if I already paid the general contractor?

It depends on timing and notice. If you paid the original contractor in full before receiving any subcontractor's notice of lien rights on your owner-occupied residence, Missouri law generally protects you from double payment. If the notice arrived first, the subcontractor may have lien rights, which is exactly why lien waivers with each progress payment matter.

Is my homeowner's insurance enough if a neighborhood child is hurt in my pool?

Maybe not. A standard policy's liability limit can be exhausted quickly by a serious child injury claim under the attractive nuisance doctrine, and defense costs add up. Ask your insurer about higher liability limits and a personal umbrella policy, and treat code-compliant barriers as non-negotiable rather than optional.

Are extended warranties ever worth buying?

Occasionally, for buyers who value predictable costs over expected value — but go in knowing they are priced to be profitable for the seller, and that Missouri's implied warranty of merchantability and the federal Magnuson-Moss Warranty Act already give you protection against defective goods. An emergency repair fund is often the better "warranty."

What if my lender refuses to cancel my PMI at 80 percent?

Ask for the refusal in writing. The Homeowners Protection Act permits denial only for specific reasons — payment history, a decline in property value, or subordinate liens. If none applies, escalate to the servicer's complaint office and consider filing with the Consumer Financial Protection Bureau; persistent refusal is worth a conversation with an attorney.

What This Means for Missouri Homeowners — and How Ott Law Firm Can Help

Your home is likely the largest purchase of your life, and the five decisions above are where Missouri homeowners most often sign away money or take on liability without realizing it. The law gives you real tools — lien-notice protections, automatic warranty rights, statutory PMI cancellation — but they only work when you use them on time.

If you are facing a mechanic's lien on your home, a deceptive service-contract sale, a dispute with a mortgage servicer, or an injury claim involving a swimming pool, the attorneys at Ott Law Firm can help you understand your options. Call us at (314) 710-2740 or reach out through our contact page for a consultation. You can also read more about our work in real estate law, personal injury, and insurance disputes.

This article is for general informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Laws change and every situation is different; consult a licensed Missouri attorney about your specific circumstances. Past results do not guarantee future outcomes.