It doesn't seem to be a scam, and the car's still new. I've called him. He is not an official BMW dealer, though (not that it really matters). It's on MSO (manufacturer's statement of origin) so technically it's new but it's been titled by a broker for resale. The GGT has been paid and the broker obviously has factored that into the price. For all intents and purposes, it's a new car for $10k under.
That's pretty much the going rate for sedans at this point. I've heard of a dealer offering $10k off sedans. This is definitely the best price on a coupe that I've seen so far. I think he'd take less, too. That car has been sitting for a bit.