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What is occuring is that BMW-NA is balking at paying the cost for some engine owners swap where as dealers are offering happily to fix "lucky" BMW owners cars.
My theory is the replacement program has degenerated into a "who you know and who you are" program. This is unfair. I live in Atlanta and have been told that I will pay for the leakdown test if I want it done. Why should I pay another $125 for my 42,000 car. I have contacted an attorney who is intrested. He agrees BMW should swap my engine based on "a complete loss of faith in engine reliabilty".