ContractsIntermediateCalifornia Exam

A 'novation' in a real estate contract occurs when:

AA new party is substituted for an original party, releasing the original party from further obligationCorrect
BThe contract terms are modified by addendum, as typically drafted in a residential purchase agreement
CAn existing loan is refinanced at a lower interest rate, consistent with common contract law principles
DThe seller agrees to carry back a second mortgage, per standard contingency and disclosure practice

Why A new party is substituted for an original party, releasing the original party from further obligation Is Correct

Answer A: A new party is substituted for an original party, releasing the original party from further obligation

Novation substitutes a new party (or new contract) for an original one, with the consent of all parties, and fully releases the original party from liability. In real estate, a novation often occurs when a new buyer assumes a loan and the lender releases the original borrower.

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.

Key Contracts Terms in This Question

People Also Study

Math Concepts

Practice More California Real Estate Questions

1,500+ questions covering all exam topics. Start free — no signup required.

Take the Free California Quiz →