Mine does it all the time. I get out, walk into a store, come back out, and the seat is in my wife's position. The same thing happens when my wifes drives, it goes to my position when she exits and then re-enters the car. It doesn't happen all the time, but fairly often. Had the dealer look at it, and of course it worked perfect when they had it.

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2008 X5 4.8i, Premium Pkg, Sport Pkg, Climate Pkg, Technology Pkg, Auto Liftgate, Sat Radio, Heated Seats, Ipod Adapter.

2004 525i, Prem. Pkg, xenons, bluetooth.

Retired: 2006 X5 4.4i, Premium Pkg, Sport Pkg, Cold Weather Pkg, Climate Pkg, Upgraded Sound Pkg, Navigation, 19" Star Wheels