I think it's time to start talking to a lawyer.

Will talk to lawyer tomorrow. I'm thinking let the dealer get it back together then sick lawyer on them. But really it's whatever he suggests... or this forum suggests. I don't want to sue the doctor for malpractice halfway through open heart surgery, not exactly positive motivation for the dealer to put it back together.

I hope it doesn't take that, for your sake and to restore my faith in humanity...

but it is worth hearing your options from someone with some experience. Did you ever get in touch with someone at BMW Canada (if such a thing exists)?

BMW Canada told me to talk to the service manager, oh so helpful. Friend of mine is a HD mechanic, he figures since they claim the eccentric shaft moved freely before they installed the heads (if that's true), but not afterwords they over torqued the head and/or didn't torque in the right order. Overall this as 'a my word against theirs' scenario and see myself short $7500 in the near future. ugh

Amazed they still stand by their story of a head warping from being disassembled and reassembled. Obvious that a proceedure was not followed. :(

There was a member a few months ago who took his 4.8 to a dealer in the Seattle area I believe to get an oil change, and the dealer filled the crap out of it, causing the engine to seize...search forums on here to see how it was dealt with...from what I can remember, he consulted with an attorney as well...

Good luck to a fellow Canucker...too bad you are not living in the GTA, there are plenty of reputable independent shops who service BMW only vehicles...

New heads are in, cost me a lot. But I'm still playing nice, they gave me the old heads and should offer up new info if I ask for it. First off they are filthy with oil and carbon buildup. There's still residue from the old gasket on the bottom and these were bolted back on. Took them to an engine machine shop in town and he says he doesn't see anything wrong with them. My invoice from Bema states that "Eccentric shafts were binding after heads were reinstalled". They aren't, they move freely. The machine shop suggested I look over a parts schematic to make sure everything is in the correct place since he has no other ideas why they chucked the old heads. Worth mentioning the cylinder head warp on machine shop report is "0.001" or less".

I'm glad there is some progress. Was worried the whole thing had been pushed into a ravine... Still sad and alarming the dealer can be this wrong on the heads.

Perhaps the lesson here is when the dealer is pushing you to buy a whole new engine it reflects some recognition that they lack experience working on engines... not that it is acceptable, but I would call it a red flag to look out for.

@ Krist...I disagree..these cars are VERY Weird lol

Gotta be able to find a motor even if you have to settle for a 4.4 for a few thousand

David I'm making up a letter to send to my insurance, Bema, and BMW Canada. I'm going use the last sentence of yours at the end of my letter. Fitting. I like my X5 too much to scrap it, there's nothing out there for me that has that "business" look the 2000's BMWs have. REALLY hate the direction BMW went. The only thing they have that makes me all warm inside is the m6 gran coupe. But if I was put into one without seeing what it was I would take too long to figure out if it was a x1, x3, x5, x6, 3 series, 5 series, 6 series, 7 series...