Code of Alabama

Ala. Code § 7-2-725 (2026)

Statute of Limitations in Contracts for Sale.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

(2) A cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered; however, a cause of action for damages for injury to the person in the case of consumer goods shall accrue when the injury occurs.

(3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.

(4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before midnight, December 31, 1966.

(Acts 1965, No. 549, p. 811.)

Notes of Decisions

Cited in 40 cases (5 in the last 5 years), 1978–2025 · leading case: Brown v. Gen. Motors Corp., 14 So. 3d 104 (Ala. 2009).

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Brown v. Gen. Motors Corp., 14 So. 3d 104 (Ala. 2009). · cites it 58× “However, to the extent Tittle requires this Court to assume that the provision in this case is a warranty for purposes of the statute of limitations found in § 7-2-725 and that the cause of action for the breach accrues at the time of delivery of the goods, I agree with the main…”

Spain v. Brown & Williamson Tobacco Corp., 872 So. 2d 101 (Ala. 2003). · cites it 10× “Implied-Warranty Claims The applicable statute of limitations for a claim for breach of implied warranty is set forth in § 7-2-725, Ala.Code 1975, which provides that "[a]n action for breach of any contract for sale must be commenced within four years after the cause of action…”

Tittle v. Steel City Oldsmobile GMC Truck, Inc., 544 So. 2d 883 (Ala. 1989). · cites it 12× “Section 7-2-725 provides: "(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.”

Lands v. Lull Intern., Inc., 963 So. 2d 626 (Ala. 2007). · cites it 13× “(hereinafter referred to as "Lull"), and other defendants, appeal from a summary judgment entered in favor of Lull, arguing that the trial court erred in holding that their breach-of-warranty claim was barred by the statute of limitations in § 7-2-725, Ala.Code 1975. We affirm.…”

Ex Parte Kia Motors Am., Inc., 881 So. 2d 396 (Ala. 2003). · cites it 3× “" § 7-2-725(2), Ala.Code 1975. [7] However, the words "arisen" and "accrue" are not synonymous.”

Collins v. Davol, Inc., 56 F. Supp. 3d 1222 (N.D. Ala. 2014). · cites it 3× “Under Alabama's Uniform Commercial Code, "[a]n action for breach of any contract for sale must be commenced within four years after the cause of action has accrued,” Ala. Code § 7-2-725 (1), and a breach of warranty claim accrues "when tender of delivery is made, .”

Spain v. Brown & Williamson Tobacco Corp., 363 F.3d 1183 (11th Cir. 2000). · cites it 2× “Code § 6-2-38, and that the breach of implied warranty claim is subject to a four year statute of limitations, Ala.Code § 7-2-725. What was not clear, prior to the Alabama Supreme Court’s decision in this case, was when the statutes of limitations began to run.”

Ex Parte Melof, 735 So. 2d 1172 (Ala. 1999). · cites it 2× “1979) (answering in the negative the certified question whether Ala.Code 1975, § 7-2-725, "violates §§ 1, 6 and 22 of the Alabama Constitution of 1901, which provide for equal protection of the law"); Black v.”

Reed v. Brunson, 527 So. 2d 102 (Ala. 1988). “1979), Justice Almon, writing for the Court, with all Justices concurring, readopted the vested rights approach: "Plaintiff contends that § 13 of the Alabama Constitution of 1901 compels a finding that Code 1975, § 7-2-725, is unconstitutional. We cannot agree.”

Carrell v. Masonite Corp., 775 So. 2d 121 (Ala. 2000). · cites it 3× “Ala. Code 1975, § 7-2-725, provides a four-year limitations period for breach-of-warranty claims.”

Laferrera v. Camping World RV Sales, 171 F. Supp. 3d 1257 (N.D. Ala. 2016). · cites it 6× “See Ala. Code § 7-2-725 ; Brown v. General Motors Corp.”

Stephens v. Creel, 429 So. 2d 278 (Ala. 1983). “This same result would be reached in breach of warranty cases arising under the Alabama Uniform Commercial Code, § 7-2-725. The four-year statute runs from the date when tender of delivery is made unless explicitly extended by the parties or unless personal injury results from…”

RMS Tech., Inc. v. TDY Indus., Inc., 64 F. App'x 853 (4th Cir. 2003). “…UCC and the Alabama UCC have a four year limitations period for breach of contract claims. Va.Code Ann. § 8.2-725(1); Ala. Code § 7-2-725 (1).”

In Re Vioxx Prods. Liab. Litig., 478 F. Supp. 2d 897 (E.D. La. 2007). “See Ala.Code § 7-2-725; Locke v. Ansell Inc., 899 So.”

Ex Parte DaimlerChrysler Corp., 952 So. 2d 1082 (Ala. 2006). “' § 7-2-725(2), Ala.Code 1975. However, the words `arisen' and `accrue' are not synonymous.”

FIRST BAPTIST CHURCH, CITRONELLE v. Citronelle-Mobile Gathering, Inc., 409 So. 2d 727 (Ala. 1981). “NOTES [1] The statute of limitations for actions based on a breach of contract is Code 1975, § 7-2-725, which provides: "An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.”

Love v. Wyeth, 569 F. Supp. 2d 1228 (N.D. Ala. 2008). · cites it 2× “Ala. Code § 7-2-725 (1). As already pointed out, Love’s complaint was filed more than four years after his stroke occurred.”

B & B Props. v. Dryvit Sys., Inc., 708 So. 2d 189 (Ala. Civ. App. 1997). · cites it 2× “A cause of action based on breach of implied warranty accrues under either § 7-2-725, Ala.Code 1995, because the Dryvit product is within the term "goods" as defined by the Uniform Commercial Code, or under contract law which would require that the construction be performed in a…”

Cnh Am., LLC v. Roebuck, 41 So. 3d 41 (Ala. 2009). · cites it 4× “A breach-of-warranty claim against CNH is therefore not subject to the consumer-goods exception to the statute of limitations in § 7-2-725. Roebuck’s breach-of-warranty claim is accordingly time-barred because it was brought more than four years after the date the claim accrued…”

Com. Union Assurance Co. v. Zurich Am. Ins., 471 F. Supp. 1011 (S.D. Ala. 1979). “Section 7-2-725 of the Code of Alabama (1975) provides: *1016 (1) An action for breach of any contract for sale must be commenced within four (4) years after the cause of action has accrued .”

Spain v. Brown & Williamson Tobacco Corp., 230 F.3d 1300 (11th Cir. 2000). “Code § 6-2-38, and that the breach of warranty claim is subject to a 4-year statute of limitations, see Ala. Code § 7-2-725 . The dispute is about when the claims arose, or the causes of action accrued, and thus when those statutes of limitations began to run.”

Johnson v. Am. Mut. Liab. Ins., 368 So. 2d 506 (Ala. 1978). · cites it 4× “Martha Simmons seeks relief of Clemco Industries and Pulmosan Safety Equipment Corporation solely under the theories of breach of warranties set forth in Code of Ala.1975, § 7-2-313, § 7-2-314, and § 7-2-135.”

Bass Pecan Co. v. Berga, 694 So. 2d 1311 (Ala. 1997). “Code 1975, § 7-2-725(1), provides that “[a]n action for breach of any contract for sale must be commenced.”

Champion Home Builders, Inc. v. Hodge, 602 So. 2d 399 (Ala. 1992). · cites it 2× “§ 7-2-725, Ala.Code 1975. The mobile home was delivered in parts on September 16, 17, and 18, 1985.”

City of Phenix City v. Master Meter, Inc. (CONSENT) (M.D. Ala. 2022). · cites it 11× “Ala. Code § 7-2-725 ;13 see Locke v. Ansell, Inc.”

Water Works & Sewer Bd. of the City of Guntersville, The v. Glass Steel Inc (N.D. Ala. 2023). · cites it 11× “Ala. Code § 7-2-725 (1); see id. § 7-2-102 (explaining that Alabama Code Title 7, Article 2 “applies to transactions in goods”).”

Spain v. Brown & Williamson Tobacco Corp., 230 F.3d 1300 (11th Cir. 2000). “Code 6-2-38, and that the breach of warranty claim is subject to a 4-year statute of limitations, see Ala.Code 7-2-725. The dispute is about when the claims arose, or the causes of action accrued, and thus when those statutes of limitations began to run.”

Johnson v. S. Energy Homes, Inc., 391 F. Supp. 2d 1118 (S.D. Ala. 2005). · cites it 8× “Defendant claims that four-year period began to run upon delivery of the home, or December 1998, while plaintiff contends that the cause of action did not accrue until after the expiration of the warranty or, in the alternative, that Southern Energy is estopped from asserting a…”

Torres v. Airbus Helicopters, Inc. (M.D. Ala. 2025). · cites it 4× “CODE § 7-2-725(1). AHI seeks dismissal of Counts I, II, and III as time-barred.”

Wood v. Wilkinson, 425 So. 2d 1062 (Ala. 1982). “The applicable statute of limitations for transactions covered by the sales article is four years (§ 7-2-725), measured from the date the cause of action accrued.”

Brooks v. Outlaw (In re Integra Lifesciences Corp.), 271 So. 3d 814 (Ala. 2018). “§ 7-2-725(1), Ala. Code 1975; Mobile Infirmary v.”

Wadley Crushed Stone Co., LLC v. Positive Step, Inc. (CONSENT) (M.D. Ala. 2019). · cites it 2× “”3 Ala. Code § 7-2-725 (1). Therefore, if the contract between the parties is one for goods, the UCC’s four-year statute of limitations applies to the breach of contract claims.”

Wadley Crushed Stone Co., LLC v. Positive Step, Inc. (CONSENT) (M.D. Ala. 2020). · cites it 2× “” Ala. Code § 7-2-725 (1). The UCC applies to contracts for the sale of goods, but not to contracts for the provision of services.”

Waldrop v. Peabody Galion Corp., 423 So. 2d 145 (Ala. 1982). “Section 7-2-725 of the Alabama Code provides that a cause of action for breach of warranty must be brought within four years of “tender of delivery” of the goods.”

Brooks v. Outlaw (In re Integra Lifesciences Corp.), 271 So. 3d 814 (Ala. 2018). “§ 7-2-725(1), Ala. Code 1975; Mobile Infirmary v.”

Blackmon v. Ethicon, Inc. (S.D. Ala. 2022). “CODE § 7-2-725(2). Here, tender of deliver was made on December 12, 2006, the date of Ms.”

Derrick Crenshaw, as parent & next friend of Iyana Crenshaw, a minor v. Sonic Drive In of Greenville, Inc. (Appeal from Butler Circuit Court: CV-23-900074). (Ala. 2024). “1979), Justice Almon, writing for the Court, with all Justices concurring, readopted the vested rights approach: " 'Plaintiff contends that § 13 of the Alabama Constitution of 1901 compels a finding that Code 1975, § 7-2-725, is unconstitutional. We cannot agree.”

Sorah v. Jim Walter Resources, Inc., 916 So. 2d 594 (Ala. 2005). “§ 7-2-725, Ala.Code 1975. Chemical Lime requested relief in its petition only for the claims governed by a two-year statute of limitations; therefore, our holding is limited to the relief requested for the claims of the plaintiffs having a two-year limitations period.”

Frennea v. Yamaha Motor Co., 940 So. 2d 1007 (Ala. 2006). “At issue was our interpretation of the statute-of-limitations provision of Alabama’s Uniform Commercial Code, § 7-2-725(2), Ala.Code 1975. Under that statute, “a cause of action for damages for injury to the person in the case of consumer goods shall accrue when the injury…”

Paul L. Spain v. Brown & Williamson, 363 F.3d 1183 (11th Cir. 2000). “Code § 6-2-38 , and that the breach of warranty claim is subject to a 4-year statute of limitations, see Ala. Code § 7-2-725 . The dispute is about when the claims arose, or the causes of action accrued, and thus when those statutes of limitations began to run.”

— Ala. Code § 7-2-725(1) — 7 cases

Brown v. Gen. Motors Corp., 14 So. 3d 104 (Ala. 2009). “However, to the extent Tittle requires this Court to assume that the provision in this case is a warranty for purposes of the statute of limitations found in § 7-2-725 and that the cause of action for the breach accrues at the time of delivery of the goods, I agree with the main…”

Spain v. Brown & Williamson Tobacco Corp., 872 So. 2d 101 (Ala. 2003). “Implied-Warranty Claims The applicable statute of limitations for a claim for breach of implied warranty is set forth in § 7-2-725, Ala.Code 1975, which provides that "[a]n action for breach of any contract for sale must be commenced within four years after the cause of action…”

Bass Pecan Co. v. Berga, 694 So. 2d 1311 (Ala. 1997). “Code 1975, § 7-2-725(1), provides that “[a]n action for breach of any contract for sale must be commenced.”

Cnh Am., LLC v. Roebuck, 41 So. 3d 41 (Ala. 2009). “A breach-of-warranty claim against CNH is therefore not subject to the consumer-goods exception to the statute of limitations in § 7-2-725. Roebuck’s breach-of-warranty claim is accordingly time-barred because it was brought more than four years after the date the claim accrued…”

Brooks v. Outlaw (In re Integra Lifesciences Corp.), 271 So. 3d 814 (Ala. 2018). “§ 7-2-725(1), Ala. Code 1975; Mobile Infirmary v.”

Torres v. Airbus Helicopters, Inc. (M.D. Ala. 2025). “CODE § 7-2-725(1). AHI seeks dismissal of Counts I, II, and III as time-barred.”

Brooks v. Outlaw (In re Integra Lifesciences Corp.), 271 So. 3d 814 (Ala. 2018). “§ 7-2-725(1), Ala. Code 1975; Mobile Infirmary v.”

— Ala. Code § 7-2-725(2) — 14 cases

Ex Parte Kia Motors Am., Inc., 881 So. 2d 396 (Ala. 2003). “" § 7-2-725(2), Ala.Code 1975. [7] However, the words "arisen" and "accrue" are not synonymous.”

Lands v. Lull Intern., Inc., 963 So. 2d 626 (Ala. 2007). “(hereinafter referred to as "Lull"), and other defendants, appeal from a summary judgment entered in favor of Lull, arguing that the trial court erred in holding that their breach-of-warranty claim was barred by the statute of limitations in § 7-2-725, Ala.Code 1975. We affirm.…”

Tittle v. Steel City Oldsmobile GMC Truck, Inc., 544 So. 2d 883 (Ala. 1989). “Section 7-2-725 provides: "(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.”

Ex Parte DaimlerChrysler Corp., 952 So. 2d 1082 (Ala. 2006). “' § 7-2-725(2), Ala.Code 1975. However, the words `arisen' and `accrue' are not synonymous.”

Collins v. Davol, Inc., 56 F. Supp. 3d 1222 (N.D. Ala. 2014). “Under Alabama's Uniform Commercial Code, "[a]n action for breach of any contract for sale must be commenced within four years after the cause of action has accrued,” Ala. Code § 7-2-725 (1), and a breach of warranty claim accrues "when tender of delivery is made, .”

Carrell v. Masonite Corp., 775 So. 2d 121 (Ala. 2000). “Ala. Code 1975, § 7-2-725, provides a four-year limitations period for breach-of-warranty claims.”

B & B Props. v. Dryvit Sys., Inc., 708 So. 2d 189 (Ala. Civ. App. 1997). “A cause of action based on breach of implied warranty accrues under either § 7-2-725, Ala.Code 1995, because the Dryvit product is within the term "goods" as defined by the Uniform Commercial Code, or under contract law which would require that the construction be performed in a…”

Torres v. Airbus Helicopters, Inc. (M.D. Ala. 2025). “CODE § 7-2-725(1). AHI seeks dismissal of Counts I, II, and III as time-barred.”

Water Works & Sewer Bd. of the City of Guntersville, The v. Glass Steel Inc (N.D. Ala. 2023). “Ala. Code § 7-2-725 (1); see id. § 7-2-102 (explaining that Alabama Code Title 7, Article 2 “applies to transactions in goods”).”

Blackmon v. Ethicon, Inc. (S.D. Ala. 2022). “CODE § 7-2-725(2). Here, tender of deliver was made on December 12, 2006, the date of Ms.”

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