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What is a difference between modification and novation to replace . . . A modification changes the terms to an obligation, whereas a novation discharges the duty For example, party A has a contract to: 1) purchase 100 widgets from party B for $100; and 2) to purchase a storage building for $500
Is a contract still legal if the business changed their name? - Legal . . . Even if the business name changed through a change in entity, there's a legal concept called a "novation" where an assignment wouldn't be required Again, that's something you should discuss with an attorney if you want a definitive answer
Should I sign a new corrected contract with a car dealership? - Legal . . . Your signature on the new form is typically considered a "novation " A novation is a new contract The original contract contained a unilateral mistake by the Offeror (the dealership), not a mutual mistake (your fault too) This creates rights of action - consult a local attorney I would retain all of the communications with the dealership to indicate the intentions of the parties at the time
Addendum not signed by seller; how does this affect contract viability . . . Hello, I signed an addendum to the purchase agreement but the seller had not and as far as I know has still not signed it The addendum states that it is 'incorporated into the Agreement by his reference All other terms and conditions of the Agreement shall remain in full force and effect This Addendum is not a novation of the Agreement " My question is: I want to back out, for a variety of
Novation law and modify divorce decree, only an email was sent - Legal . . . while in front of a judge in a case involving a vehicle and my ex husband the judge mentioned novate law to his lawyer i was pro se and went there to ask for another court date to get a lawyer the initial divorce decree stated he must pay the vehicle payments within a certain date if not the vehicle was mine to take i sent him an email telling him to get it current and keep it on time and
Do I have to pay doc stamps on a mortgage modification? - Legal Answers The modification was in fact a "novation", which means a new contract If the loan was modified to extend the maturity date PRIOR to the maturity date on the loan, then no documentary stamps and intangible tax would be due
Does a real estate purchase contract expire? - Legal Answers Does a real estate purchase contract expire?This is not a Banking Law question; I moved it to Real Estate Law To answer your question: Yes In fact, I have never seen any executory (incomplete) contract that did not expire--or just go away of its own accord Advice: Unless the seller agrees to reconsider what he did you will be unable to force the sale in court So, rather than asking
What are estoppel and unclean hands affirmative defenses? - Legal Answers They are pretty standard defenses indicating that the defendant is not at fault based on the representations by the plaintiff Estoppel, sometimes referred to as equitable estoppel, is an Affirmative Defense The party raising estoppel must prove its elements by clear and convincing evidence The elements of estoppel are: The party against whom estoppel is sought must have made a