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Novation in a real estate contract means:

Correct Answer

B) Substituting a new party or obligation for an old one, completely releasing the original party from liability

Novation substitutes a new party or a new obligation for an existing one, with the consent of all parties involved, and completely releases the original party from any further liability. This distinguishes novation from assignment: in an assignment, the original party transfers their rights but typically remains secondarily liable. In a novation, the original party is fully discharged. In Rhode Island real estate, novation commonly arises when a buyer is substituted in a contract prior to closing.

Answer Options
A
Transferring contractual rights to a new party without releasing the original party from liability
B
Substituting a new party or obligation for an old one, completely releasing the original party from liability
C
Adding a new party to the contract while keeping the original party liable
D
Obtaining a court order to modify the terms of an existing contract

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Related Topics & Key Terms

Related Topics:

assignment of contractassumption of mortgagecontract substitutionbilateral contractsrelease of liability

Key Terms:

novationassignmentsubstitutionrelease of liabilityoriginal party
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