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Aug 6th, 2022
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How to Edit note in the Novation Agreement

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Hey, whats up, guys. Its Clint Coons here. And in this video were going to talk about wholesaling and how you can use a novation agreement versus an assignment of contract Okay, lets get started. Okay. So heres the deal. When it comes to wholesaling, what are we doing? If youre a real estate investor here, youre basically entering into a purchase and sale agreement with a seller to buy a piece of property. So youre essentially tying that property up under contract. Now, a wholesaler then wants to take that contract to purchase this house and find an investor and sell them the contract for a fee. So then to convert the investor now over here can work with the seller to buy the property. Now, the mechanics of how this works is it really comes down to what type of agreements are we putting in place between ourselves if were a wholesaler and the seller, and then the agreement between myself and the investor who ultimately wants to buy the property Now, Ive done this both ways. S

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A novation is an agreement made between two contracting parties to allow for the substitution of a new party for an existing one.
Generally, a novation is a legal instrument used to replace one obligation or party with another in a contract. All parties in the original contract must agree to the changes to execute a novation. Once all parties accept it, the novation nullifies and replaces the previous agreement.
To novate is to replace an old obligation with a new one. For example, a supplier who wants to relinquish a business customer might find another source for the customer. If all three agree, the contract can be torn up and replaced with a new contract that differs only in the name of the supplier.
N.B. A Novation Agreement needs consideration. Consideration is the price paid (whether financial or otherwise) by the new party in return for the contract being novated. If there appears to be a lack of consideration then the Novation Agreement should be executed as a Deed.
Though similar in concept to assignment, novation is fundamentally different from it. While novation is a consensual transfer of rights or obligations, assignment can transfer only obligations and does not require the consent of the benefiting party. Novation terminates the original contract, but assignment does not.
An assignment doesnt transfer obligations. Sometimes, a novation is called a Hail Mary defense for someone trying to avoid contractual liability. To establish novation, however, requires a rather high standard. By contrast, assignment and assumption only transfer a partys contractual rights and benefits.
The Various Kinds of Novations In the first type, theres no intervention of another party. The second type of novation of contract involves the entrance of a new debtor. The third type of novation of contract involves a new creditor taking the place of the original creditor.
For example, a person as a seller agrees with the buyer to pay the price to a third party, as new creditor of its debt. In this case, the debtor will be freed by the initial creditor, being bound to the new one, as effect of novation.

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