Definition of "Novation"

What is Novation? 

What is the definition of novation? Jointly agreeing to provide an equivalent legal obligation or debt for a previous one. Persons to the contract can also be substituted. A novation requires a valid previous contract, mutual agreement of all the parties to the contract, and the termination of the original contract or discharge of the original parties before the substitution of a new contract and/or parties to it, respectively. A novation may arise when one party is experiencing financial or operating difficulty in a real estate transaction.

What does novation mean in real estate?

Novation in real estate is usually used in regards to the transfer of complex property leases and similar cases. Novation is most often used in one of two cases. It can be used in replacing one party with another in a contract or agreement, or it can be used to substitute new terms or contracts in place of old ones. In either case, this is done with mutual consent of all involved. 

Novation real estate examples 

Novation in real estate is most common when transferring a leased property from one party to another. In these cases, the landlord, previous leasing party and hopeful leasing party must negotiate and agree on all changes to existing agreements and contracts, and rewrite the contracts and agreements to the satisfaction of all parties involved. 

Another common example of novation in real estate is the sale of property with unpaid mortgages. When selling a property that is mortgaged to a bank, the seller, the buyer and the bank must agree on the terms of the sale of the property.The assumption of responsibility by the buyer for mortgage payments must be previously accepted by the bank, usually after an extensive background and financial check on the buyer. 

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

When a property owner defaults on his or her tax payments, the taxing jurisdiction may force a liquidation of the property or tax sale for the purpose of collecting the owed real estate ...

(1) Bracket used to support an extended eave or cornice on the outside of a house. (2) Truss or beam projection beyond its base and supported by its strength and rigidity, such as a ...

Main street having a divider either in the center or between the curb and sidewalk with trees, grass, or other shrubbery. ...

Any financing agreement excluding a conventional mortgage from a third-person or entity lending institution. This type of financing is more prevalent when the price of real estate is too ...

There’s a time when it’s neither a Buyer’s Market nor a Seller’s Market. We call it “Renter’s Market”. It’s that time where, despite ...

Legal mechanism available for a person who is over his head financially and is unable to meet his financial obligations. ...

The definition of in rem in real estate is a legal case against a property rather than a person. The legal application of in rem in real estate is most often seen when a homeowner defaults ...

CE Shop has become a widely used and popular term in real estate. But what does it mean? “CE” stands for continuing education, and in the real estate business, it implies a ...

In land surveying, the point al which two properties intersect constituting a boundary line between the properties. A corner can be determined by either a survey or general agreement ...

Popular Real Estate Questions