hire a lemon lawyer and he'll tell you what you need to do. sounds like a lemon to me.
Current: 2013 E92 M3, SSII, Black extended, ZCP, fully loaded
Mods: Black Hood Vents, Black Grilles, Black Side Grilles, Lux H8 v. 4.0, Black ///M Emblem, Evolve Tune, Dinan CF Intake, Dinan Pulley, Akrapovic Evo
Retired: 2011.5 E92 M3, SSII