Payment for a new home may be subject to Buyer obtaining a mortgage. Buyer shall apply for the loan through any lending institution of Buyer’s choice after the completion of the attorney review period. The written mortgage commitment is delivered to the Seller’s agent and Seller’s attorney no later that the specified deadline. If Buyer has not obtained the commitment, then either Buyer or Seller may void the contract by written notice to the other party and Broker(s). If the contract is voided, the deposit monies paid by Buyer shall be returned to Buyer. If the Seller alleges in writing that the failure to obtain the mortgage commitment is the result of Buyer’s bad faith, negligence, intentional conduct or failure to diligently pursue the mortgage application, the the deposit monies can be withheld from the Buyer.
