Statute of Limitations on Contracts in Texas
An individual who suffers damages due to another's breach of contract in Texas should take care not to allow the statute of limitations to expire on his claim.
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Statute of Limitations
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Different statutes of limitation apply depending on the nature of the action. Under Texas Civil Practice and Remedies Code Sec. 16.004, an action for breach of a contract to convey real property must begin within four years of breach. The four-year statute will also apply to any action not specifically covered in the Code. Contractual provisions may shorten the statute of limitations to two years.
Disabilities Tolling the Statute
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The statute of limitations will not begin to run against someone under the age of 18 or mentally incompetent. Under Texas law, a person cannot tack one disability onto another to extend the statute.
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Other Factors Affecting the Statute
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A defendant's temporary absence from the state will toll the statute of limitations during that absence. A dismissal for lack of jurisdiction can extend the statute by up to 60 days provided that the plaintiff refiles the action in a court of proper jurisdiction.
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References
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