Where a purchaser seeks to rely on a subject-to-finance clause to escape a contract for sale of land, the onus lies on the purchaser to prove both that best endeavours were used and, if the application was deficient, that a proper application would not have succeeded. A purchaser who fails to provide available income documentation to a finance broker has not used best endeavours, even if the purchaser's actual income may have been insufficient to secure the loan.
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