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ContractsNovationHARD

Which of the following best describes novation in a real estate contract?

Correct Answer

B) Substitutes a new party for an original party, fully releasing the original party from all obligations

Novation is the substitution of a new party for an original party in a contract, with the consent of all parties involved. Unlike an assignment — where the original party may remain secondarily liable — novation completely releases the original party from all contractual obligations. The new party assumes full responsibility under the contract.

Answer Options
A
Transfers contractual rights to a new party while keeping the original party liable
B
Substitutes a new party for an original party, fully releasing the original party from all obligations
C
Functions the same as a contract assignment
D
Requires a court order to become effective

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Related Topics & Key Terms

Related Topics:

contract assignmentmortgage assumptioncontract substitutionliability releaseprivity of contract

Key Terms:

novationassignmentoriginal party releasecontract substitutionmortgage assumption
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