The rotors were replaced three times between 23K miles and 38K miles - at an interval of of 5K miles each time. They were done at the BMW dealership, using oem rotors, and each time the rotors were in fact warped to the point that the steering wheel would shimmy back and forth in an abrupt fashion when braking.

NO, we are not poor drivers who jam on the brakes, and NO we do not live in a hilly area, and NO we do not tow with this X5. I did a lot of reasearch, including speaking with independent repair shops, and other BMW dealerships, NO one ever had brakes warp in 5K intervals, not mention THREE times.

I know that the Lemon Law process in not for wear items, however it is for issues that the manufacturer can not rectify. BMW could not identify/rectify the causative issue that was leading the rotors warping prematurely. Our last SUV went 95K before it needed new brakes. I would expect the X5 to get 20-45K on a set of rotors depending on driving factors.

I will get the decision from my hearing in a few days............the fact that the BBB has re-contacted me to go over the numbers in my sales contract has to be a good sign for my side of the arbitration. We'll see.

In any rate if I do win, I will be buying another X5