Considering purchase of x5

[MarcMcc]

I am looking at two X5s today, both are used. I wanted to get some insight about pricing and other considerations I may not have thought of. I am leaning towards the 2006 just because of the mileage and the terms of the warranty. I just don't know how concerned I should be about the CarFacts issue/ "Buyback"? Thanks in advance for your help.

1: 05 X5 3.0i Sport Premium
37,820 - Black on Black

Manufacture Warranty expired so I would need to purchase a 3rd party warranty

Initial ask price is $24,998 - Dealer is Perillo BMW in Chicago
Kato is the name of the person I have been dealing with

The tax for the purchase of the car is between $1000-$1250

2: 2006 X5 3.0i Sport Premium
23,829 - Silver w/ black interior

Manufacture Warranty is good through 4/10 so I would not need to purchase a 3rd party warranty until next year

Initial ask price is $25,999 - Dealer is Perillo BMW in Chicago
The reason the price is so low with the miles according to the dealer is that it was a "buy back" from a customer in CA. Apparently the brake light switch was faulty and the car was returned. As a result they say the CarFacts sheet is not clean. Dealer said they fixed the problem and guarantee the car is in good condition now

The tax for the purchase of the car is between $1000-$1250