I have the same issue. I have purchased a 2008 528I in November of 2007 and got nothing but stonewalling from the dealer and from BMW.
Taking them to court (trial date is November 6th, 2009).
Don't know if I could win because the small claims court rules in Canada are somewhat twisted but I'm doing this to make a point. I plan to publish the testemony of the head mechanic at the dealership since I expect it to be bordering on ludicrous.