Ok BP. This is why I love this sight. So much useful info in the last 24 hours. Thank you all for your input.
This is how we moved forward.
First I contacted my agent and let her know exactly what had transpired over the last 24 hours. She was very appreciative and almost sounded surprised I clued her in to what was going on.
Then I contacted the seller and told him the deal could not move forward without the realtors involved. He was very understanding and said that was not a problem but he would not be paying the commissions. That cost will have to be bore by us if we move forward.
The selling price would be 160K. His current contract is a 5% commission and he is stuck on the fact he absolutely wants to walk out of closing with 160K in pocket. He will not concede anything else because he came down 40K on the list price. I have a feeling based on the condition and the fact the last tax bill fair market value was 176K that it will appraise close to 180K (hoping for something really nice in the 200's but that is probably dreaming) If it does come in at over 200K then my bank will let me purchase with no money down. (If thats the case then its a definite no brainer)
This means we pay his closing costs, both commisions, and we pick up the tab for all of 2017 taxes. He is still paying 2016 taxes.
So there it is. We have to decide if the above terms are a good enough deal to move forward.
I'm thinking we will still proceed with the deal. Running the numbers it seems like a good deal. I know some others have mentioned deferred maintenance but the whole building was completely renovated 7 years ago from the HVAC down to the plumbing and wiring. The roof is 6 years old so shouldn't be too much maintenance or cap ex but I know there is always the unknown.
Again thank you all for your input and I feel at peace moving forward with the deal if we so choose.