@Ben Winchester, very interesting - thanks for your reply. I just took a closer look at the contract. I have seen that financing clause before and haven't liked it - that if buyer can't get financing, earnest money goes back to buyer. Of course, I guess I do like it if I'm the buyer. :-) But it states that the buyer AND property must qualify by lender (property at agreed price), and if not, and we're not able to agree to new terms, then buyer can walk away from contract with EM. That says to me (in my unprofessional opinion), that regardless of us coming 100% down to the appraised value, that he could say he changes his mind, and still get his EM back. Where my realtor came up with something otherwise, I don't know. However, she is the professional and maybe there's something I don't understand to do with Oregon law (?). She told me that I should get the full EM if we offer to come down to that appraised price with no other changes to the contract (which we essentially did because she didn't even get to the credit change part of our offer - she only verbally left a message that we would come down 100% to appraised value - also btw, she is representing both of us!). But I suspect he might have had a leg to stand on if he demanded his EM back in this situation. Instead, realtor told him at that point that we offered to split the EM with him if he wanted out of the contract, which he accepted - we wanted to start with that incentive, as he had been dragging his feet. This is a small town area, and I don't think a lot of buyers would necessarily have the same experience as in the big city. Our realtor is the top producer in this county, so she's no slouch.
Also, since you live in the NW as we do, you gave me some hope now that we are going into the winter. It's nice to possibly see light at the end of the tunnel if we hold on to this place till the Spring. We are thinking of furnishing it and making it into a temporary rental. We are hoping that this might ultimately pay off in either a short or medium term. Any additional thoughts of the Oregon markets? It's very disheartening to have our place held up for months.