thanks everyone....

It is a 2002 4.6is, and yes it is rain sensing equipped. The windscreen is the original BMW glas with the warning sticker still on the upper LH corner. I took the mirror cover off and checked the connection on the module, all seems okay, and there are no visual bubbles or distortion on the glass, I can see the sensor clearly through the glass.

I guess I may have to break down and have it looked at at a dealership...maybe they can make the key actually move the seats and mirrors to the correct position, not some random out of the blue setting while it is there...might be a computer issue or software issue on both ends?