contracts

novation

Novation is the replacement of an existing contract or a party to a contract with a new one, by agreement of everyone involved. The original obligation is extinguished and the released party has no further liability. In real estate, novation commonly occurs when a lender agrees to substitute a new borrower who assumes a loan and releases the original borrower. It differs from assignment, where the original party may remain liable.

Exam tip
Assignment transfers rights but the assignor usually stays secondarily liable; novation releases the original party entirely. Look for the word "release."
Example
A buyer under contract is replaced by her sister, and the seller signs a new agreement releasing the original buyer. That is a novation.

Related terms & state variants

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Last verified: 2026-10-23