This smells like it's been in an accident. I would get a PPI on it-- don't go by your visual check or Carfax. If it turns out it was, you probably have some recourse since the dealer certified it.

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2008 X5 4.8
Jet Black/Black Nevada/Dark Burl Walnut
Adaptive Drive
Premium Pack
Tech Pack
Climate Pack
Sport Pack
20" Wheel Option
Premium Sound
Sirius Satellite
Rear DVD Entertainment
Multi-Contour Seats
Comfort Access
3rd Row Seat
Heated Front Seats
Running Boards
3M VentureShield Paint Protection Film