I bet they did. I'm surprised that a lawyer is not willing to take up the case. Maybe they don't want to do it pro-bono? Could you hire one on retainer? I feel your pain as we ran into the same thing here with our house flooding due to new construction above our community. No one would do pro-bono for us and the other 5 affected homes. Wanted $15k minimum retainer.

Crappy situation. You might try calling BMW NA and getting their take on it. You never know. And if you hint at liability or the like who knows, they may work with the dealer on something. It's a shot in the dark... but as they say, "nothing ventured, nothing gained."

__________________
2005 X5 4.4i Build 04/05 Maintenance/Build Log
Nav, Pano, Sport (Purchased 06/14 w/ 109,000 miles) (Sold 8/15 w/121,000 miles)

2006 X5 4.8is Build 11/05 Maintenance/Build Log
Nav, DSP, Pano, Running Boards, OEM Tow Hitch, Cold Weather Pckg (Purchased 08/15 w/ 90,500 miles)

2010 X5 35d Build 02/10
Nav, HiFi, 6 DVD, Sports Pckg, Cold Weather Pckg, HUD, CAS, Running Boards, Leather Dash, PDC, Pano (Purchased 03/17 w/ 136,120 miles)