ContractsIntermediateArizona Exam

Under Arizona law, a 'novation' in a real estate contract occurs when:

AA party adds a new addendum to the existing contract to modify a material term, with both parties initialing the amendment as mutual consideration
BAn original party to the contract is replaced by a new party with the agreement of all parties, releasing the original party from further liabilityCorrect
CBoth parties execute an extension addendum that postpones the closing date without changing any other material term of the original agreement
DThe seller assigns the contract to a new buyer using a unilateral assignment clause, without requiring the original buyer's knowledge or written consent

Why An original party to the contract is replaced by a new party with the agreement of all parties, releasing the original party from further liability Is Correct

Answer B: An original party to the contract is replaced by a new party with the agreement of all parties, releasing the original party from further liability

Novation replaces an original contracting party with a new party, with the consent of all parties, releasing the original party. In real estate, this might occur when a buyer wants to transfer their contract rights to another buyer—novation would release the original buyer from liability, unlike a simple assignment where the original party may remain secondarily liable.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

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