It should be mentioned that stock for stock, the e9x M3 is much more comfortable than the e46M3.
I agree that you should save a tad more and get e9x M3 with warranty to save yourself some hassle. Something like this would catch my eye
http://www.m3post.com/forums/showthread.php?t=804822
Oh and I don't follow the prices on the e46, but surprising if they can still fetch close to 30K with 08 M3s now coming in the low 30K range.