Seller may be trying to back out, and our agent is no help

[corleone]

What is the name of your state?Virginia

We are set to close our house on Monday. However on Friday we received a call from our broker, stating we need to go look at the house, because there appeared to him to be an issue with the new stove and refrigerator that were to have been put in. My wife and mother went with our agent to check it out, and they are no where close to new, more like 30 years old, and the stove had the handle broken. We told our agent that this was unacceptable as our contract states that we could either have 800 dollars for points, closing costs ect or a new stove and refrigerator would be put in, we opted for the appliances. In looking around the rest of the house it has become evident that NONE of the work that was supposed to have been done has been completed. The access to the crawl space was to be enlarged to 24"Wx16"H to make it up to code. It is so small now that our inspector was unable to go under the house. The access has not been touched, and is in the same condition as over a month ago. Our agent went out and measure it and said, "Ah, it is 15"H that is close enough." Yeah its 15 on one side, but its 13 and a half on the other (old brick colonial) and if you measured from the lentil, which is at the opening, its more like 12".

Luckily my mother is small and was able to get under there on Friday. She said that it appears to have old termite damage that has not been repaired (she did pest control for 10 years, so she is probably right). So another part of our contract "Seller agrees to repair, replace, or pay for repair of crawl space damage, and any inadequate support members and provide an invoice and guarantee by a licensed contractor" Note that this was put in specifically because the inspector could not get under the house. The seller also has not "repaired replaced or paid for a roof inspection and repair guarantee". We told our agent that we did not care about the invoices, however the stove and ref were unacceptable and the guarantees had to be done. Our agent said that if we make the seller do this, it will be a "deal breaker". I asked the agent if there was any contingencies in the contract that would allow the seller to get out of the deal and he said no. He then restated that the seller would back out. We told him that if he tries to, we would serve him with a notice to perform and take him to court to force his performance on the contract. Our agent advised that we did not want to pay all those fees and should just accept it as is. (Our lawyer is a family friend, there are no fees.) So, the question is what do we do. I think that we are right, but our agent seems to be totally against us, should we just listen to him and take it as is? We do not care if the work is done, or if the seller just gives us a check at closing, but I don’t think we should just take it as is.



Also, when we first went through the house, there was some minor water damage to the floor in one of the upstairs bedrooms, by a window. We did not take much notice of it as I figured it would be looked at in the inspection. Well the inspector made no mention of it in the papers. However when my wife and mother went to look at the house on Friday, they said that if you put weight on the area, it gives by about 2 inches. I know it is to late to have the seller do anything about it, but would I have any recourse against the inspector?