Purchaser's Diligence in Loan Application Required for Sale Annulment

A purchaser, having signed a final sales agreement after a preliminary agreement conditional upon obtaining a loan, subsequently failed to secure the financing and sought to have the sale annulled based on the non-fulfillment of the condition precedent, despite the seller's objection that the purchaser had not demonstrated taking all necessary steps to obtain the loan as stipulated in the contract. The court quashed the lower court's decision because the stipulation in the preliminary contract that the sale was conditional upon obtaining the loan required the borrower to prove they diligently pursued all reasonable means to secure the financing, and the absence of proof of active pursuit of the loan justified the refusal to annul the sale due to the unfulfilled condition.