It depends on the specific situation. In practice, it will be handled according to the reasons why the loan can't be done. If the contract clearly stipulates that the buyer shall bear the liability for breach of contract when the loan is not approved, it shall be regarded as breach of contract. If there is no agreement or the agreement is not clear, but the bank refuses to approve the loan on the grounds that the information provided by the buyer is untrue or the credit record is bad, it is also regarded as a breach of contract. If you can't apply for a loan due to bank reasons, it is not a breach of contract. Legal basis: Article 23 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts stipulates that if the buyer fails to conclude a loan contract secured by commercial housing due to the reasons of one party, the other party may request to terminate the contract and compensate for the losses. If the commercial housing secured loan contract cannot be concluded due to reasons not attributable to both parties, and the commercial housing sales contract cannot be continued, the parties may request to terminate the contract, and the seller shall return the principal of the purchase price and its interest or deposit to the buyer.
legal ground
Article 23 of the Supreme People's Court's Interpretation on Several Issues Concerning the Applicable Law in the Trial of Disputes over Commercial Housing Sales Contracts stipulates that if the buyer pays by secured loan, and one party fails to conclude a secured loan contract for commercial housing, the other party may request to terminate the contract and compensate for the losses. If the commercial housing secured loan contract cannot be concluded due to reasons not attributable to both parties, and the commercial housing sales contract cannot be continued, the parties may request to terminate the contract, and the seller shall return the principal of the purchase price and its interest or deposit to the buyer.