California Real Estate SalespersonContractsMedium
A buyer and seller sign a written real estate purchase agreement. The seller later breaches, and the buyer wants to sue for breach of the written contract. Under California Code of Civil Procedure, what is the statute of limitations for filing suit on this written contract?
- A1 year from the date of breach
- B10 years from the date of breach
- C2 years from the date of breach
- D4 years from the date of breach
Show answer & explanationAnswer & explanation
Correct answer: D. 4 years from the date of breach
California Code of Civil Procedure Section 337 sets a four-year statute of limitations for actions based on a written contract, compared to two years for an oral contract under CCP 339.
Why the other options are wrong
- A. One year is not the applicable period for written contracts.
- B. Ten years is not the standard limitations period for contract actions.
- C. Two years applies to oral contracts, not written ones.
Statute of Limitations - Written Contract
Under CCP 337, a lawsuit for breach of a written contract in California must be filed within 4 years of the breach.
- Oral contracts have a 2-year statute of limitations (CCP 339)
- Time period runs from date of breach
- Applies to real estate purchase agreements as written contracts
Memory trick: Written = 4 years, oral = 2 years