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IMO, this is a customer service issue with BMWNA. Switching dealers wouldn't help lotus, as they all have to get approval from BMWNA before they can do anything to his car.
I'm not even sure it's a lemon yet, as it doesn't sound like they've taken a serious attempt at fixing the issue. Reflashing the car as they've done obviously isn't going to help.
At this point, I'd seriously consider filing a report with the NHTSA. Or at the very least threatening BMWNA with this. If they get enough complaints, they will open an official investigation.
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