Contracts
What is 'novation versus assignment' in Hawaii real estate contracts and when is each used?
AA. They are identical; both transfer contractual rights to a new party
BB. Assignment transfers rights without releasing the original party; novation substitutes a new party and releases the original—seller approval is needed for novation, not necessarily for assignment✓ Correct
CC. Novation applies to mortgages; assignment applies to purchase contracts
DD. Both require court approval in Hawaii for real estate transactions
Explanation
Assignment transfers rights to a third party, but the original party may remain secondarily liable. Novation substitutes a new party entirely, releasing the original from all obligations—it requires all parties' consent. In real estate: loan assumptions may be accomplished through novation (releasing the original borrower) or assignment (with original borrower remaining secondarily liable).
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