I just discovered the same issue on mine, and its less than 3 months old.

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2009 E70 X5 3.0, Monaco Blue / Tobacco Leather
Dark Burl Walnut / Sport / Premium / Technology / CA
Sirius / iPod / Comfort, Heated seats / Running boards
Ordered 5/29/09
Built: 6/10/09
Delivered: 6/30/09