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Sorry to read about your troubles, OP. As I was reading about your experience with dealer slipping in the Performance Center disclosure, it reminded me of the time I was shopping for M3's and a dealership did the same thing with the diff recall. If they had told me ahead of time, I probably would have been ok with it and completed the sale. But, they sprung it up on me at the last second, probably figuring I would go through with it because I was so far along. They thought wrong, and they are dead to me now. Whether that shadiness was on BMWNA or by the dealership is immaterial, it's still shady AF.
IMO, you've met the requirement under your state's lemon law, assuming your googling was correct, and you meet the definition of 'New', which I think you do since they gave you a 'New' warranty and not a 'CPO' warranty. Unfortunately, I've had to go this route on a different car many years ago, and my state suggested I send a certified letter (cc to your States Attorney office) to the manufacturer (in this case BMWNA) with all the service records and background. I actually sent this to their CEO. Of course, he probably didn't read it, but it was read by someone, because sure enough they contacted me less than a week later to help resolve. You may want to go that route as it wouldn't hurt and gives the SA some ammo if other citizens in your state have issues with them as well. Good luck OP.
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