Before making the agreement, Buyers explained to Seller that Buyers' granddaughter's health concerns precluded Buyers purchasing a home in which pets had lived. Seller falsely stated that no pet had ever lived in the house. I need the exercise, and I'll be doing the lawn myself. Seller understands that Buyer in making this agreement is relying on Seller's representation. The agreement provided for closing to occur three months after the making of the agreement.
Seller fails to arrange for the financing, through no fault of Buyer.
However, financing below the stated maximum would be easily available to Buyer. Seller makes no effort to arrange the financing, and financing at or below the stated maximum is not available to Buyer. Buyer does not proceed with the closing. The contract requires Seller to provide Buyer financing from a third party. Seller fails to obtain the required financing.