It was sold "as-is". And it was for sale sounds like for a lot less than others out there--so Momentum chose not to fix it and just put it on the lot. In this economy it's about $ so they wanted to move it. Here in TX (as in other states) I believe there is a 30 day warranty. If you get no where with the dealer contact BMWNA and/or an attorney to discuss options.

Bottom line: Caveat Emptor.