Guys,
I guess I should weigh in here, I am a JD Dealer. First off, it is an unforunate fact that the unit was stolen. It has happened to me.
My first question would be, is the unit financed through JD Credit? If it is, you are covered in one way or the other as John Deere requires you to carry Physical Damage Insurance for the term of the note. Hopefully, you purchased the JD Physical Damage Insurance, 90%+ of the time it is cheaper than any other Insurance around (JD Delaers do not make a profit on this by the way). By the way, if it is JD Insurance, it will not affect your rates, as you paid up front for the term of the contract-
Did you sign a Work Order for Repair? If you did, the standard John Deere Repair Order states (along with any other brand, believe me, I have worked for just about all of them) that the Dealer isn't responsible for many acts including theft. Now, this does NOT mean that in a court of law this will stand, but if you signed it your position isn't as strong.
I have seen many inferences here comparing Auto Dealerships to Tractor Dealerships. In the Dealership I manage, we are both, but I cna tell you that most Tractor Dealerships (over 70%) are hanging on by a thread-in the Dealer Meetings I attend there are always discussions asking why are we still doing this when there isn't much return on investment-that this business is more of a lifestyle than a profit driven business. Why do I bring this up? From experience Auto Dealers MAKE MONEY!
Now, wiht regard to what happens if a new Tractor (not sold) is stolen off of my lot-all of the new Tractors you see on ANY Dealers lot are NOT owned by the Dealer! They are the property of the Manufacturer, and the Dealer has to carry Insurance to cover any of those losses.
I realize the parallel here-I have had a new Tractor stolen, and it negatively affected my insurance rates for quite a while. Cost of doing business? Some Dealers are faced with trying to make payroll every payday or paying the bills to keep their Dealerships open!
I can tell you from personal experience that nothing makes a Dealer feel terrible than realizing that someone has stolen something in their care. We ALL lose. I have made many friends in this business and can tell you that 99% of the people in this business are good people with good intentions.
From just the little that I have heard here, it sounds like the Dealer is trying to resolve this-he doesn't want an unhappy Customer, and, legally he doesn't want to go to court-you may have to take him there, for he CANNOT afford to buy you a new Tractor! He will defer to his insurance Company which will obviously try and limit their liability, so if they don't settle, it will end up in Court generally.
I am very sorry for your loss-nobody profits here except the thief. If the Dealer has shown due diligence he did his best. If he didn't, then he has some responsibility.