Mississippi Code

Miss. Code Ann. § 75-2-725 (2026)

Statute of limitations in contracts for sale

✓ current as of July 2026

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(1) An action for breach of any contract for sale must be commenced within six (6) years after the cause of action has accrued.

(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.

(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 (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 code becomes effective.

Codes, 1942, § 41A:2-725; Laws, 1966, ch. 316, § 2-725, eff. 3/31/1968.

Notes of Decisions

Cited in 27 cases (2 in the last 5 years), 1978–2022 · leading case: Forbes v. Gen. Motors Corp., 993 So. 2d 822 (Miss. 2008).

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Forbes v. Gen. Motors Corp., 993 So. 2d 822 (Miss. 2008). · cites it 3× “The "air bag" can give extra protection for the driver's upper body. ¶ 12.”

Sara R. Alexander, Individually & as Adm'x of the Est. of Alvin A. Alexander, Deceased v. Conveyors & Dumpers, Inc., 731 F.2d 1221 (5th Cir. 1984). · cites it 2× “The district court granted a directed verdict for the defendant on Alexander’s breach of warranty claims, holding them barred by the six-year statute of limitations provided by the Uniform Commercial Code, Miss.Code Ann. § 75-2-725 (1972). That section provides, in pertinent…”

Crouch v. Gen. Elec. Co., 699 F. Supp. 585 (S.D. Miss. 1988). · cites it 2× “Miss.Code Ann. § 75-2-725 (1972). The helicopter engine at issue was delivered by GE to the United States Army on February 27, 1981.”

In re Gen. Motors LLC, 339 F. Supp. 3d 262 (S.D. Ill. 2018). “28 • Mississippi: Miss. Code § 75-2-725 ; see also Gast v. Rogers-Dingus Chevrolet , 585 So.”

Childs v. Gen. Motors Corp., 73 F. Supp. 2d 669 (N.D. Miss. 1999). · cites it 3× “Miss.Code Ann. § 75-2-725 reads in part: (1) An action for breach of any contract for sale must be commenced within six (6) years after the cause of action has accrued.”

Est. of Hunter v. Gen. Motors Corp., 729 So. 2d 1264 (Miss. 1999). “Miss.Code Ann. § 75-2-725 (1972). With regard to the failure to warn cause of action, GM argues that "[p]laintiffs did not present evidence sufficient to create any jury issue in regard to a failure to warn.”

Huff v. Hobgood, 549 So. 2d 951 (Miss. 1989). · cites it 3× “12(b)(6), alleging that Huff's suit had been filed after the applicable statute of limitations, found in Miss. Code Ann. § 75-2-725 (1972), had run.”

Thomas McDonnell, III v. Sandy Miller, 655 F. App'x 229 (5th Cir. 2016). · cites it 2× “While McDonnell is correct that Mississippi’s version of Article 2 of the Uniform Commercial Code (UCC) applies a six-year statute of limitations for “[a]n action for breach of any contract for sale,” Miss. Code Ann. § 75-2-725 (1), a “contract for sale” is expressly defined as…”

Wolfe v. Dal-Tile Corp., 876 F. Supp. 116 (S.D. Miss. 1995). · cites it 2× “Additionally, this Court directed the parties to re-brief this Motion on the following two issues: 1) whether Defendant Dal-Tile Corporation fell into the category of persons protected by § 15-1-41; and 2) if Defendant Dal-Tile was found to be merely a supplier of the subject…”

Peavey Elec. Corp. v. Baan U.S.A., Inc., 10 So. 3d 945 (Miss. Ct. App. 2009). “See Miss.Code Ann. § 75-2-725 (Rev.2002). ¶ 38.”

In re Fresenius Granuflo/Naturalyte Dialysate Prods. Liab. Litig., 76 F. Supp. 3d 294 (D. Mass. 2015). “Miss.Code Ann. § 75-2-725. 9 b. Discovery Rules The catch-all three-year statute of limitations provides, “In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has…”

Robinson v. Gen. Motors Corp., 150 F. Supp. 2d 930 (S.D. Miss. 2001). · cites it 2× “§ 15-1-49, setting forth a three-year statute of limitations, and that his warranty claim is timely under Miss.Code Ann. § 75-2-725; which establishes a six-year limitation period for Robinson’s warranty claims.”

Show all 27 citing cases →

— Miss. Code Ann. § 75-2-725(1) — 1 case

Thomas v. Firerock Prods., LLC, 40 F. Supp. 3d 783 (N.D. Miss. 2014).

— Miss. Code Ann. § 75-2-725(2) — 2 cases

Robinson v. Gen. Motors Corp., 150 F. Supp. 2d 930 (S.D. Miss. 2001). “§ 15-1-49, setting forth a three-year statute of limitations, and that his warranty claim is timely under Miss.Code Ann. § 75-2-725; which establishes a six-year limitation period for Robinson’s warranty claims.”

Johnson Trucking Co. v. Peterbilt of Mississippi, Inc., 149 So. 3d 536 (Miss. Ct. App. 2014).

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