I guess what I'm asking is this:

1) Having the vehicle repurchased is a simple affair. After 30-days the express warranty is breached in California, and I'll certainly pass that date.

2) We love the car and feel that having two lemons in a row is strange and that BMW is certainly capable of producing a new car.

3) The options are: seek loss of use compensation or seek a new vehicle from a different dealership.

Literally, for all I know there's a virus in this particular dealership's computers that's causing all vehicles to have major flaws. I seriously doubt it, but, I'm using that as an example of how extreme this situation is, in that no one has ever heard of two X5 35ds, in a row, be lemons.

I know most of you have few or very minor problems with your vehicles. At this point there's no longer any backlog in obtaining parts.

I did contact an attorney. He said keep the car, and let him get $15k out of them or get rid of the car and buy a new one from a different dealership, while still suing them for loss of use. He mentioned it's one of the strongest cases he's come across in some time.

(There is some fraud that took place during the sale, which plays into the case, that I've not gone into, which is an entirely different situation, as I don't want to go in too many directions)

What I do want is a functioning X5 35d. Is that going to be impossible to find? Maybe so....right now I'm on day-16, tomorrow will be day-17, and I'm told we're 3-weeks away at an absolute minimum.

In fact right now, they won't give the car back to me, or suspend payments on the vehicle. It's total b.s. An attorney is needed to file a law suit, but having funds returned and the car replaced is pretty simple, after 30-days.

I just really, really, don't want to go that route. The 35D is AWESOME! I guess, I may be forced to give it another go. The 3rd time is the charm, right?