Well I got the official word today. BMW is buying back my 2011 X5 and ordered me the identically optioned X5. Since my car has been at BMW over 50 Days now, they have given me the first X5 2012 Allocated to my dealership. No out of pocket costs. I am negotiating the compensation for the time which my car was at the dealership.

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2012 X5 50i ZAP(2VA, 336, 465), ZTP, ZPP, ZPS(6VC), ZCW, ZRC, 322, 4UB, 4NC, 610
2011 ///M3 Silverstone II
2011 X5 50i(lemon)
-- SOLD --
08 550 Msport
07 X5 4.8I sport
04 545i sport
02 4.4i sport
01 540I M/sport
00 SL500
97 SL500