How long does a seller have to make a claim of breach of contract?

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How long does a seller have to make a claim of breach of contract?

If a buyer is unable to close the transaction and the seller believes a breach of
contract has occurred does the seller have a time limit on how long they can wait
to make a claim for damages?

Asked on August 14, 2019 under Real Estate Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, there is a time limit, but it is a generous one. The lawsuit must be started within the "statute of limitations" or SOL. (When you must start the lawsuit effectively determines how long you have to claim damages, since once you can no longer sue, your claim is unenforceable.) The SOL in your state (WV) for a claim based on breach of a written contract is 10 years, so the seller has up to a decade from the breach to seek compensation.


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