Maine Revised Statutes

Me. Rev. Stat. tit. 11, § 2-725 (2026)

Statute of limitations in contracts for sale

✓ current as of May 2026

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(1). An action for breach of any contract for sale must be commenced within 4 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.

A cause of action for personal injuries arising under this Article for breach of warranty occurs when the injury takes place and is governed by the limitation of action period under Title 14, section 752.

[PL 1973, c. 442, §1 (AMD).]

(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 6 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 this Title becomes effective.

SECTION HISTORY

PL 1973, c. 442, §1 (AMD).

Notes of Decisions

Cited in 20 cases (1 in the last 5 years), 1982–2023 · leading case: Adams v. Buffalo Forge Co., 443 A.2d 932 (Me. 1982).

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Adams v. Buffalo Forge Co., 443 A.2d 932 (Me. 1982). · cites it 4× “442, § 1 the Legislature amended 11 M.R.S.A. § 2-725(2) to provide that "[a] cause of action for personal injuries under this Article for breach of warranty occurs when the injury takes place.”

Fleet Nat'l Bank v. Liberty, 2004 ME 36 (Me. 2004). · cites it 4× “For example, the comment to 11 M.R.S.A. § 2-725 (which adopts a four-year statute of limitations for sales contracts) explicitly states, "[t]he four-year period under the Code would change present law.”

Cuthbertson v. Clark Equip. Co., 448 A.2d 315 (Me. 1982). · cites it 2× “Because the Superior Court did not err in directing a verdict for the Defendants on the basis of effective disclaimer of warranties, we do not reach the court’s alternative basis for that ruling, that the claim was barred under the statute of limitations in 11 M.R.S.A. § 2-725.…”

In re Gen. Motors LLC, 339 F. Supp. 3d 262 (S.D. Ill. 2018). “27 *303 • Maine: Me. Rev. Stat. tit. 11 § 2-725 ; see Faulkingham v.”

Oceanside at Pine Point Condo. Owners Ass'n v. Peachtree Doors, Inc., 659 A.2d 267 (Me. 1995). “11 M.R.S.A. § 2-725(2) provides in pertinent part: A cause of action for personal injuries arising under this Article for breach of warranty occurs when the injury takes place and is governed by the limitation of action period under Title 14, section 752.”

Smith v. Urethane Installations, Inc., 492 A.2d 1266 (Me. 1985). · cites it 2× “One of the counts was dismissed on jurisdictional grounds, and three of the counts were dismissed as barred by the four-year statute of limitations applicable to actions brought under the sales provisions of the Uniform Commercial Code (11 M.R.S.A. § 2-725 (1964)). The remaining…”

Sebago, Inc. v. Beazer East, Inc., 18 F. Supp. 2d 70 (D. Mass. 1998). “By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.”

Arthur J. Greif v. Indep. Fabrication, Inc., 2019 ME 142 (Me. 2019). · cites it 2× “(Independent)—as barred by the four-year statute of limitations set out in 11 M.R.S. § 2-725 (2018). On the record before us, the court’s assessment of the law appears well-founded.”

Cyr v. Michaud, 454 A.2d 1376 (Me. 1983). “11 M.R.S.A. § 2-725(1) (1964). For any civil action, including a claim for strict liability, the statute of limitations is six years.”

Ouellette v. Sturm, Ruger & Co., Inc., 466 A.2d 478 (Me. 1983). “11 M.R.S.A. § 2-725(1) (1964). Section 2-725(2) provided that a cause of action accrued and a breach of warranty occurred at the time delivery of the goods was tendered.”

Packgen v. Berry Plastics Corp., 973 F. Supp. 2d 48 (D. Me. 2013). · cites it 6× “11 M.R.S. § 2-725. As it is unclear whether the one-year limitations term was part of the parties’ “agreement”, Paekgen argued that the Court must look to industry custom and the parties’ prior course of dealing to determine whether the term materially alters the parties’…”

State v. Bob Chambers Ford, Inc., 522 A.2d 362 (Me. 1987). “1986), and therefore the trial court erred in not applying the four-year statute of limitations provision of 11 M.R.S.A. § 2-725 to the claims of the customers in this case.”

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— Me. Rev. Stat. tit. 11, § 2-725(1) — 4 cases

Cyr v. Michaud, 454 A.2d 1376 (Me. 1983). “11 M.R.S.A. § 2-725(1) (1964). For any civil action, including a claim for strict liability, the statute of limitations is six years.”

Ouellette v. Sturm, Ruger & Co., Inc., 466 A.2d 478 (Me. 1983). “11 M.R.S.A. § 2-725(1) (1964). Section 2-725(2) provided that a cause of action accrued and a breach of warranty occurred at the time delivery of the goods was tendered.”

Goodell v. Andy's Barn, 518 A.2d 719 (Me. 1986).

Moore v. Erickson & Ralph, Inc. (Me. Super. Ct 2011).

— Me. Rev. Stat. tit. 11, § 2-725(2) — 6 cases

Adams v. Buffalo Forge Co., 443 A.2d 932 (Me. 1982). “442, § 1 the Legislature amended 11 M.R.S.A. § 2-725(2) to provide that "[a] cause of action for personal injuries under this Article for breach of warranty occurs when the injury takes place.”

Oceanside at Pine Point Condo. Owners Ass'n v. Peachtree Doors, Inc., 659 A.2d 267 (Me. 1995). “11 M.R.S.A. § 2-725(2) provides in pertinent part: A cause of action for personal injuries arising under this Article for breach of warranty occurs when the injury takes place and is governed by the limitation of action period under Title 14, section 752.”

Cuthbertson v. Clark Equip. Co., 448 A.2d 315 (Me. 1982). “Because the Superior Court did not err in directing a verdict for the Defendants on the basis of effective disclaimer of warranties, we do not reach the court’s alternative basis for that ruling, that the claim was barred under the statute of limitations in 11 M.R.S.A. § 2-725.…”

Thurber v. Bill Martin Chevrolet, Inc., 487 A.2d 631 (Me. 1985).

Hinton v. Outboard Marine Corp., 757 F. Supp. 2d 28 (D. Me. 2010).

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