AC unit was stolen after final walkthrough and before I got keys

[Miriam De Haro]

Hello everybody! I find myself in a little trouble. Hopefully, someone will be able to provide advice on how to best tackle this; I would greatly appreciate it. 

I recently purchased my first house hack in Texas. The final walkthrough was October 17th, thinking we would close a few days later, the house was complete at that time. The lender dragged on the approval process, and I ended up signing closing documents on November 12 during a remote closing. My agent was not present. There were 26 days between the final walkthrough and closing. My agent didn't think of having another walkthrough. She says we didn't have one because I didn't ask for one. (My lack of experience was the reason why I wanted an agent in the first place.) The Title Company received part of my funds via wire transfer around 4-5pm on November 12 and the other part was a cashier's check I provided to the escrow officer during closing. My agent gave me the code to the lockbox at the property so I would pick up the keys after work myself on November 13 after asking for them a day prior.  That's when I realized the AC unit was gone. I contacted her, she contacted the seller. I filed the police report. (I now know the final walkthrough is done a day prior or even the day of closing.) 

The seller offered to pay most of the cost of the unit and installation with the condition of having me pay $1,250. My agent and her broker say there's nothing they can do to help me. I do not want to pay $1,250 for an AC unit I already paid for once when I bought the home. 

As of today, I plan to file a complaint with the Texas Real Estate Commission against my agent and probably file a lawsuit against the seller. 

I would really appreciate your opinion on how to fix the mess I got myself into. 

Thank you!