Contracts

Novation

Replacing an original party or contract with a new one, which releases the original party from liability.

Quick flashcard

What does Novation mean on the Texas real estate exam?

Answer: Replacing an original party or contract with a new one, which releases the original party from liability.

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Novation definition

Novation substitutes a new contract or a new party for an existing one, with the agreement of all parties. When a party is replaced through novation, the original party is released from further liability under the contract.

This is the key difference from assignment. In an assignment, the original party usually remains secondarily liable. In a novation, the original party is fully released.

Source basis

Definition checked against the official sources below on .

On the exam

When a scenario fully releases the original party from liability, the answer is novation, not assignment.

Exam trap

Assignment transfers rights but the assignor may stay liable. Novation replaces the party and ends that liability. The release is the dividing line.

Tested in

Contracts & Agency (16 of 80 National)

From definition to recall

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This definition is Texas real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.