Anyone familiar with real estate law ?

The "paying the agent" and "not paying the agent" is sketchy.

So the seller is not using an agent I take it?

Based upon the counter offer post-appraisal the seller can walk and does not have to negotiate further..so no, not locked in.

As @Slowswinger mentioned...I hope the contract gets you your cash back


Nope, just one agent involved here, mine

We did have all the contingencies listed in the contract,, and since he is not about to produce a product of proper value,, I don't see an issue getting the money back


my only confusion is him being allowed to take offers from others while we are still at the table

I figured untill he signs the documents releasing our EMD he is still in negotiations with us,, and bound by that



It sounds like you are communicating directly with the owner??

Your agent should be the only person talking with the seller if it is a FSBO, or the sellers agent.

Nope, it is all through our agent
The only time I talked to him was during the showing, I don't even have his contact info