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Just to add to that you can always escalate to BMW NA and then BMW AG. I know if a case where there was an obvious problem with the steering (suspension related if I'm not mistaken) which caused an issue in the way the car handled. The local dealer couldn't identify it and then refused to fix, after escalating to BMW AG the dealer magically found the needed tool to isolate and fix the problem.
Just make sure you know what you want before you take any surviving action - if you want it fixed, if you want a good deal on a trade in, or if you just want them to take the car back for good money. Knowing what you want will make sure you don't take cover productive steps
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