If you could not go through with the purchase for *any* reason, you are in breach of contract, unless the reason you could not buy was a contingency in the contract--i.e. the contract specifically stated that if you could not purchase for this reason, you would be allowed out without liability. You mention in your question that the contract was subject "to sale, our home was pending," but you also write that your lenders denied you. If the problem is, you did not qualify for a mortgage and that is why you could not purchase the home--and the sale was not continget on financing--then you are in breach of contract, the sellers may re-list the house, but they also may keep your earned money due to your breach.