我们的买房合同中写了自合同之日起21天的financing contingency, close定在合同之日起第24天。结果我们贷款的commitment letter日期是在合同之日起第23天,没法按时close,我们的agent说我们没有在21天内拿到commitment letter,没能按时close算我们违约,但律师认为我们贷款的commitment letter日期超过financing contingency 期限,合同可以无效,我们完全有权退出合同并拿回deposit,我把这个条款copy在下面,请大家帮忙看看,多谢!
FINANCING APPLICATION AND COMMITMENT: Buyer agrees to make a written application for the financing as herein described within (7 ) days from the Date of Contract Acceptance. If such written financing commitment is not obtained by Buyer within ( 21) days from the Date of Contract Acceptance: (1) Seller, at Seller's election and upon written notice to Buyer, may declare this Contract null and void and of no further legal effect; or (2) Buyer, upon written notice to Seller, which shall include written evidence from the lender of Buyer’s inability to obtain financing as provided in Paragraph 9 of this Contract, may declare this Contract null and void and of no further legal effect. In either case, the deposit shall be di*****ursed in accordance with the Deposit paragraph of this Contract. If Buyer has complied with all of Buyer’s obligations under this Contract, including those with respect to applying for financing and seeking to obtain financing, then the Release of Deposit agreement shall provide that the deposit shall be returned to Buyer.