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

UPDATED: Oct 2, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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