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Really sorry this has happened, but why not take it back and then meet the requirement for lemoning it? Most likely BMW will just buy it back and then they'll fix it {when they figure it out} and resell it as a CPO.
Why torture yourself with this mechanical nuisance?
As I am sure you have said, these are pretty complex new machines that are bound to have some glitches.
I would just settle this as fast as possible and either order a new one or wait a bit for the first year's bugs to be ironed out.
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