Thank you guys for your ongoing interest in this matter
The situation is as follows:
* I already spent 3000 EUR (~$4000) in attorney costs, just so that both parties' lawyers write each other stupid/threatening letters.
* Dealer was given a last deadline of 9/30 to give me my money back OR fix the car (not because I want the car repaired but because under warranty law if the car isn't fixed until a set deadline, you have the right to get your money back, i.e. he's still gonna get sued)
* Dealer's attorney says the car will probably be fixed by then with a "replaced engine" (whatever that means)
* My lawyer wants to file a lawsuit after 9/30, which is gonna cost me another 5000 EUR (~$6500) and approx. double that if I lose. The county's current waiting period for new trials is about 4-5 months.
* If the dealer fixes the car, he's still gonna be sued but in the meantime it's still my car and since it's under warranty I have the right to have it fixed, even if I want the contract rescinded.
* My lawyer isn't convinced the Carfax history is enough for a judge in a court of law and asked me to get real proof
* BMW Deutschland is being a dick, they don't want to give me any information because of "privacy laws" (I fucking hate the EU for this shit). When my lawyer asked them for the info, they said they only have info on cars within Germany, not the US and we should contact BMW HQ in Munich and see if they can contact BMW of North America for this info. Still waiting on this matter. I'm guessing they won't give out any info.
* A month ago I already contacted
Weatherford BMW in Berkeley/CA for any kind of information on this matter. They didn't even bother to respond.
* I also did some further research and found out it's possible to make a request to the DMV (California) about a vehicle's history. They should know about the accident or at least the salvage title. If you attach a check for $20 they'll make photocopies of the files and mail them to you. Unfortunately the form for that ("INF 70") requires me to live in the US and provide a "DL/ID Number"... great :-/
So for now I'm kinda stuck. Need better proof for the trial, which isn't so easy to get since all of the proof is in the US and I'm in Europe.