ContractsIntermediateColorado Exam

In Colorado, 'novation' in a real estate contract occurs when:

AAn offer is withdrawn before acceptance
BA new party is substituted for an original party with the consent of all parties, releasing the original partyCorrect
CA contract is modified by addendum
DA contract is assigned without releasing the original obligor, though outcomes can differ depending on circumstances

Why A new party is substituted for an original party with the consent of all parties, releasing the original party Is Correct

Answer B: A new party is substituted for an original party with the consent of all parties, releasing the original party

Novation is the substitution of a new party for an original contracting party, with the consent of all parties, which releases the original party from all obligations. It differs from assignment, which does not necessarily release the original party.

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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