My husband and I have a 2003 X5 3.0 and we've had this problem twice now, the first time it was covered as we were still under CPO warranty. This time we're out of warranty and likely out of luck. We've called BMW NA, but haven't heard back yet. The dealership said they'd be surprised if BMW does anything about it. We've been concerned since the first "fix" that the problem was still there as we've always had yellow gunk/moisture in the oil. We were repeatedly told this was "normal" by the dealership.

I'm also an attorney in northern Illinois and actually spent most of my career thus far defending American automakers in product defect actions. I'm no longer doing that but it gave me some experience with these sort of issues and I actually was thinking of filing a class action suit on this issue. If you're interested in discussing this further send me a private message and I can give you contact information.