@Gary Barella that is not the point you were trying to make. You were trying to make the point that appraisals are pointless, and not to trust his opinion. I don't think you realize the type of deal this is, or what FHA loans are. List price and appraised value are completely different things. And it is not just a lousy $8k. If you knew anything about FHA deals you would know that this lousy $8k now has to come out of the buyers pocket in the form of cash. Essentially doubling the down payment. The entire reason for going FHA is to get into a home for little money down. We are not talking about REOs, flips, or distressed property here. This is someone purchasing a home retail for his family, and it sounds like the appraiser already stretched the price as high as he could go to $260k.
@Remone Randolph have you tried talking to the agents about how the seller is essentially guaranteed to get the same amount or less if he decides to let this fall apart? I have been the agent for buyers in your position a few times over the course of my career, it is rare, but when it happens the seller just needs to hear the facts, and they really have no choice, or they will be taking less down the road. The most I'd consider giving up on your end is maybe $1000-$2000, depending on how hard it might be to find another home, or how much this home was "the one" you you and your family. And is the seller actually trying to hold your EMD hostage? I would imagine you need it in order to move on if this deal is in fact done. Maybe this thread will serve as a reminder to those that don't think it's important to have good buyer representation. I really do wish you the best of luck. You are in a very tough spot and at no fault of your own. My best advice would be to get your agents Broker (boss) involved as soon as possible. In my experience that has always pushed things along faster when there is an issue with a deal.