Yes I do have a bill of sale/invoice. It is currently at the office, but I am certain that it lists it as a 2009. I will check it out.

Who would I present the case to, the dealer or BMW? Also, what are possible outcomes? I don't want to waste time or money (if I need a lawyer) just to get a letter of apology or something stupid like that.
I know my dealer would be unwilling to listen or cooperate.

Also, what are differences between the 2008 and 2009? I know there are many between 09-10-11, but am not sure of any between 08 and 09.

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2011 ///X5 M (On Order)

2009 X5 4.8 M Sport Space Gray/Black Fully Loaded

2007 GMC Yukon XL Denali Loaded and Customised