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A novation in South Dakota real estate differs from an assignment because a novation:

Correct Answer

B) Substitutes a new party and releases the original party from liability

A novation completely substitutes a new party for the original party, releasing the original party from all obligations under the contract. Unlike an assignment, a novation requires the consent of all parties and creates an entirely new contractual relationship.

Answer Options
A
Only transfers rights, not obligations
B
Substitutes a new party and releases the original party from liability
C
Is always prohibited in real estate
D
Does not require consent of all parties

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Related Topics & Key Terms

Related Topics:

assignmentparty-substitutionmutual-consentrelease-of-liability

Key Terms:

novationsubstitutionreleaseall parties consentnew relationship
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