What is the statute of limitations for contract claims in Texas?

1. Written Contracts

Texas Civil Practice & Remedies Code § 16.004(a)(3) sets a 4-year SOL for actions on a debt, including written contracts. Section 16.051 also provides a 4-year residual SOL for personal actions without a specific limit.

2. Oral Contracts

Oral contracts likewise carry the 4-year SOL under § 16.004 or § 16.051. Texas does not impose a shorter limit for oral agreements, unlike most states.

3. Sealed Instruments / Promissory Notes

Promissory notes fall under § 16.004 (4 years). Texas does not retain a separate sealed-instrument period.

4. Sale of Goods (UCC Article 2)

Texas Business & Commerce Code § 2.725 imposes a 4-year SOL on breach-of-sales-contract claims, running from tender of delivery (not discovery). Parties may reduce to 1 year by agreement; extension is barred.

5. Open Account / Account Stated

Open accounts use the 4-year SOL; the clock generally runs from the last item charged or last payment.

6. Accrual Rule

The cause accrues at breach. Each separate breach of an installment contract triggers its own SOL.

7. Discovery Rule for Fraudulent Concealment

Texas recognizes a discovery rule for inherently undiscoverable, objectively verifiable injuries and tolls SOL where the defendant fraudulently concealed the breach.

8. Tolling

Tolling applies for minority, unsound mind (§ 16.001), military service (SCRA), and absence from Texas (§ 16.063).

9. Contractual Modification of SOL

Parties may not contractually shorten SOL to less than 2 years (§ 16.070). Extensions are generally unenforceable unless made after the cause of action accrued.

10. Borrowing Statute

Texas CPRC § 71.031 and choice-of-law principles apply forum SOL but may borrow the shorter foreign SOL in certain circumstances.

This is legal information, not legal advice.