Contracts
What is the difference between 'assignment' and 'novation' in an Illinois real estate contract?
AAssignment transfers rights only; novation substitutes a new party and releases the original party from obligations✓ Correct
BNovation transfers rights only; assignment substitutes a new party
CBoth terms are legally identical in Illinois
DAssignment requires court approval; novation does not
Explanation
In an assignment, the original party transfers their rights under a contract to a third party but remains liable. In novation, a new party is substituted for the original party, completely releasing the original party from obligations. In real estate, novation typically occurs when a lender approves a loan assumption and releases the original borrower from liability.
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