Hawaii · Novation agreement
Sell your Hawaii house with a novation agreement
If you own a house in Hawaii that needs updates, a novation-style arrangement is one option among several. This guide explains how these agreements usually work, the risks for the seller, and why the licensing question matters in Hawaii.
Start with the address of your Hawaii house.
- A cash offer is always an option
- No obligation to accept
- Every arrangement reviewed case by case
Alternative selling options
How a novation agreement works in Hawaii
What novation means in contract law
In general contract law, a novation replaces an existing contract, or one of the parties to it, with a new one. The key ingredient is consent: everyone involved agrees that the new arrangement takes the place of the old one, and the original obligation is released rather than simply handed off.
That is different from an assignment, where one party transfers its rights under a contract to someone else and the original terms usually stay in place. In an assignment the person who assigned the contract may remain on the hook; in a true novation, the parties agree to substitute a new obligation for the old.
How novation agreements are used in residential real estate
In a typical residential novation arrangement, an investor signs an agreement with the homeowner. The investor may pay for or arrange repairs and cosmetic updates, then the property is marketed to retail buyers, often ones using conventional, FHA or VA financing. When a retail buyer is found, a new purchase contract is signed and the sale closes.
The owner receives the amount agreed in the novation agreement. The investor's compensation is usually the difference between the retail sale price and the owner's agreed amount, after costs, or a fee spelled out in the agreement. Those terms should be in writing before any work begins.
Who holds title, and who is responsible for what
In most novation arrangements, the homeowner keeps title until the retail closing. That means the owner usually still pays the mortgage, property taxes, insurance and utilities during the marketing period, unless the agreement says otherwise. If something happens to the house, it is still the owner's house.
Repairs and preparation are the area most worth reading closely. The agreement should say who chooses the contractors, who pays them, whether the owner must approve the scope, whether repair costs come out of the owner's amount, and what happens to money already spent if the deal never closes.
Prominent Cash Offer's primary service is a written cash offer for your house as-is, with no fees or commissions, closing costs paid and a closing date you choose. A novation-style arrangement is considered only case by case, and only where it can be done lawfully in your state, including any licensing requirements; not every property or seller qualifies. Any terms depend on review, and nothing about price, structure or outcome is guaranteed.
Hawaii housing
What Hawaii's housing means for a novation agreement
50% of homes in Hawaii were built before 1980. A novation pays for improvements and markets the house to retail buyers, which suits housing stock with some age on it.
13% of housing units in Hawaii stand vacant. A vacant house still costs taxes, insurance and upkeep every month it waits; a novation sets out who carries those costs while it is prepared and sold.
In Hawaii, the paperwork for a novation agreement (the deed, and any note, mortgage, deed of trust or option memorandum) is recorded with the county recorder (or register of deeds) where the house sits, and the Hawaii rules below apply to how the terms can be written.
Shares from the Census Bureau's American Community Survey, 2020–2024 five-year estimates.
Is it a fit?
When a novation agreement in Hawaii makes sense, and when it doesn't
It may suit you if
- Your house needs updates you cannot or do not want to pay for upfront.
- You have time to wait for a retail buyer and can keep paying the mortgage, taxes and insurance meanwhile.
- There is meaningful room between the as-is value and a realistic retail price after repairs.
- You are comfortable reviewing a detailed agreement, ideally with your own attorney.
- The arrangement can be marketed lawfully in your state, for example through a licensed agent.
It may not be right if
- You need to sell quickly or on a specific date.
- You are behind on payments or facing foreclosure with little time to spare.
- The house needs little work and a traditional listing would reach the same buyers.
- You cannot carry the property's costs through a longer marketing period.
- No one involved can explain clearly who is licensed to market the property.
Risks to weigh
- The property can be tied up for months while it is repaired and marketed.
- A retail buyer's loan, appraisal or inspection can fail and restart the process.
- Repair costs can run over, and the agreement decides who absorbs them.
- You usually keep paying the mortgage, taxes, insurance and utilities until closing.
- Unpaid contractors could create lien problems on a house you still own.
- Marketing by an unlicensed party may violate state law, which can put the sale at risk.
- There is no guarantee of a higher net amount than a cash sale or a listing.
Rules to know
What to know about a novation agreement in Hawaii
We haven't listed Hawaii-specific rules for a novation agreement here yet. Rules vary by state; a real estate attorney can confirm what applies to your property. This is general information, not legal advice.
- Mortgage assistance relief services (Regulation O)Regulation O covers paid services represented as helping a homeowner stop or postpone foreclosure, obtain a loan modification or forbearance, or arrange a short sale, deed-in-lieu or other disposition other than a sale to a third party who is not the loan holder. Providers generally may not collect a fee until the homeowner has signed an agreement with the lender or servicer incorporating the relief the provider obtained.12 CFR §§ 1015.2, 1015.5
About Hawaii
Selling a house in Hawaii
Hawaii is an island chain in the central Pacific, with Honolulu on Oahu as its capital and by far its largest city. Tourism is the largest private industry, alongside a substantial military presence centered on Pearl Harbor, healthcare, and shipping that supplies the islands.
Hawaii is home to about 1,446,146 people across 5 counties. We buy houses in every one of them, from Honolulu County, Hawaii County, Maui County, and Kauai County to the smallest rural counties, and in cities like Honolulu.
Sources: Hawaii — Census Bureau profile · Hawaii.gov · Hawaii Department of Taxation
Seller situations
Situations where sellers in Hawaii ask about a novation agreement
Frequently asked questions
Questions about selling your Hawaii house
Share the address of your Hawaii house and ask us anything about the sale. There's no obligation.
Get your cash offerAre novation agreements allowed in Hawaii?
Novation is a general contract concept, but how a residential novation is carried out is shaped by state law, especially real estate licensing rules. Rules vary by state, so check Hawaii's real estate commission guidance or ask a Hawaii real estate attorney who will be allowed to market the property and how.
Does someone need a license to market my Hawaii house under a novation agreement?
In many states, marketing someone else's property for compensation requires a real estate license, and a novation agreement does not by itself change that. Ask whether the property will be listed by an agent licensed in Hawaii before you sign.
Is a novation faster than a cash sale in Hawaii?
Generally no. A novation usually involves repairs, marketing and a retail buyer's financing, while a cash sale can close on a date you choose. Timing for any specific Hawaii property depends on its condition and the buyer.
Do you buy houses everywhere in Hawaii?
Yes, in all 5 counties, from Honolulu County, Hawaii County, Maui County, Kauai County, and Kalawao County to the smallest rural counties, and in 1 cities and towns.
What is a novation agreement in real estate?
It is an agreement in which an investor and a homeowner agree that the investor may prepare the house and help bring it to a retail sale, with the owner receiving an agreed amount at closing. The investor is paid from the difference or a stated fee. The specific terms vary widely, so the written agreement is what counts.
Do I still own my house during a novation?
Usually yes. In most arrangements the owner keeps title until the retail buyer closes, which also means the owner usually keeps paying the mortgage, taxes and insurance unless the agreement provides otherwise.
Is a novation agreement legal?
Novation is a recognized contract concept, but how a residential novation is carried out can raise licensing issues. Marketing someone else's property for compensation may require a real estate license in many states, and a novation agreement alone does not authorize an unlicensed person to advertise or broker the property. Ask who will market the house and whether they are licensed in your state.
Will a novation get me more money than a cash offer?
Not necessarily. A novation aims for a retail sale price, but you carry the house longer, repairs and financing can go wrong, and the investor keeps part of the difference. Compare a written cash offer with a realistic novation estimate that includes holding costs and time.
Keep exploring
Other ways to sell in Hawaii
- Get a cash offer in Hawaii
- Seller financing in Hawaii
- Cash plus terms in Hawaii
- Subject-to in Hawaii
- Lease option in Hawaii
- Creative financing in Hawaii
- The full guide to a novation agreement
- Novation vs. Wholesaling
- Novation vs. Traditional listing
- How a real estate novation works
- Novation vs. a traditional listing: the trade-offs
Independent research
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Hawaii · Novation agreement
Talk through a novation agreement for your Hawaii property.
- A cash offer is always an option
- No obligation to accept
- Every arrangement reviewed case by case
Get your cash offer
Start with the address of your Hawaii house.
No obligation. Not every property qualifies for other terms.