Under the REIWA standard form (September 2006 revision) subject to finance clause, a buyer's obligation to make an application for 'Finance Approval' requires an application to an entity capable of approving a loan, either directly or through a mortgage broker intermediary; merely consulting a mortgage broker who advises against applying does not constitute compliance. The Court of Appeal was divided on whether a buyer who nominates a specific lender in the schedule is confined to that lender (Pullin JA and Hall J: yes; Murphy JA: no, the buyer may apply to any qualifying lender).
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
3 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.