Written Contract · Statute of Limitations
Deadline to Sue Over a Contract in Texas
How long you have to sue over a broken written contract in Texas, the statute of limitations, plus when the clock starts, the shorter deadline for oral contracts, and the four-year UCC rule for a sale of goods. Cited to the statute.
How the deadline works in Texas
When the clock starts, whether a discovery rule can delay it, and the deadlines that differ for oral contracts and a sale of goods.
| How the clock works | In Texas | What it means |
|---|---|---|
| Standard deadline | 4 years | The general limitations period to file a written-contract claim. |
| When it starts | Accrual | The four years runs from when the cause of action accrues, generally when the breach occurs. Texas measures from the breach, not discovery, for ordinary contracts, so a breach found late usually does not reset the clock. |
| Discovery rule | Yes | Limited. Texas applies a discovery rule to breach of contract only where the injury is inherently undiscoverable and objectively verifiable; the default is accrual at breach. Fraudulent concealment can also toll the period. Treat it as the exception, not the norm. |
| Statute of repose | None | No general statute of repose for ordinary contracts; the four-year clock runs from breach or accrual. A separate ten-year repose applies to improvements to real property and construction under §16.008 to §16.009, but that is not the general contract clock. |
| Statute | Tex. Civ. Prac. & Rem. Code §16.004; §16.051 | The controlling statute for the limitations period. Read the full text through the source link below. |
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Oral contract | 4 years | Texas does not shorten oral contracts. The four-year period applies whether or not the contract is written, through the residual four-year limit in §16.051. Confirm which subsection covers your specific contract. |
| Sale of goods (UCC) | 4 years | A sale of goods runs on Business and Commerce Code §2.725: four years from breach, with warranty claims accruing at delivery regardless of your knowledge. Parties may agree to shorten it to no less than one year. |
| Debt or real-property contract | 4 years | Section 16.004 lists debt and contract actions relating to real property at four years, while §16.051 is the residual four-year catch-all for other contract breaches. Both land at four years, so the deadline is stable regardless of which controls. |
What you can do right now
Concrete, neutral steps if a contract was broken in Texas and the clock is running. This is legal information, not legal advice.
- Count four years from the breach
Write down the date the other side broke the agreement. In Texas the four years usually runs from that breach, not from when you discovered it, and written and oral contracts get the same period.
- Do not count on a discovery rule
Texas applies a discovery rule to contracts only in narrow cases where the injury was inherently undiscoverable. Unless that fits, a late-found breach will not reset the four years, so act as soon as you learn of it.
- If goods were sold, check the UCC clock
A sale of goods runs on Business and Commerce Code §2.725, which accrues at delivery for warranty claims. Confirm whether your deal is a sale of goods rather than a services or general contract.
- Talk to a Texas attorney before the deadline
Whether your contract falls under §16.004 or the §16.051 residual, and when it accrued, turn on your facts. A licensed Texas attorney can confirm your exact deadline. The State Bar can refer you to one.
A limitations deadline is easy to miscount, and missing it can end a valid claim. This resource can connect you with a licensed attorney who can confirm your exact deadline.
→ State Bar of Texas — Lawyer ReferralThis is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.
What Texas contract claimants get wrong
Texas keeps contract deadlines refreshingly simple, and that simplicity is the point people miss elsewhere. Both written and oral contracts get four years, so the written-versus-oral split that catches Californians and Illinoisans does not exist here. The period runs from when the cause of action accrues, which is generally the date of the breach, not the date you discovered it. Texas applies a discovery rule to contracts only in narrow cases where the harm was inherently undiscoverable, so do not assume a late-found breach resets the clock. One point to pin down is the citation: general breach-of-contract may fall under §16.004, which lists debt and real-property contracts, or under the §16.051 residual four-year catch-all. Both are four years, so the deadline is safe, but the exact subsection matters for a clean reference. A sale of goods runs on its own four-year rule in §2.725. If a breach is aging toward four years, treat the deadline as firm.
Common questions
What is the statute of limitations on a written contract in Texas?
Four years from when the cause of action accrues, generally the date of the breach, under the Civil Practice and Remedies Code. Texas gives written and oral contracts the same four-year period.
Is an oral contract the same deadline as a written one in Texas?
Yes. Unlike California or Illinois, Texas does not shorten oral contracts. Both written and oral agreements carry four years, through the residual four-year limit that covers contract actions.
When does the contract clock start in Texas?
Generally at the breach. Texas measures from when the cause of action accrues, not from discovery, for ordinary contracts. A narrow discovery rule applies only where the injury was inherently undiscoverable.
Is buying goods still four years in Texas?
Yes, but under the UCC. A sale of goods is governed by Business and Commerce Code §2.725, a four-year period that accrues at delivery for warranty claims regardless of your knowledge. It matches the general four-year contract period.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.