Contracts

    Novation

    Replacing an original party or contract with a new one, which releases the original party from liability.

    Novation substitutes a new contract or a new party for an existing one, with the agreement of all parties. When a party is replaced through novation, the original party is released from further liability under the contract.

    This is the key difference from assignment. In an assignment, the original party usually remains secondarily liable. In a novation, the original party is fully released.

    On the exam

    When a scenario fully releases the original party from liability, the answer is novation, not assignment.

    Exam trap

    Assignment transfers rights but the assignor may stay liable. Novation replaces the party and ends that liability. The release is the dividing line.

    Tested in

    Contracts (12% of the exam)

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    This definition is Florida real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.