Thanks for the replies everyone.
The only reason I would buy the 323 over the 328 with x-drive would be budget, probably about a 3k difference, but if I think long term it is most likely worth it. So I am likely going 328 with x-drive.
As for year of Car I am trying to go as new as possible - so in my budget that is likely going to be a 2008 - 2010, and most likely a 2009. Is there a particular year to stay away from - ie. the 2007 was bad and had a lot of bug or same thing with the 2009 versus the 2010 being the best model year? Or is it just buy the newest lowest km car you can get?
Also, is there a km/mileage point to avoid - ie. when does major maintenance set in mileage wise?
Finally, are there any must have feature wise - xenon headlights, blue tooth, sport suspension etc? (although I know with an x-drive I do not get the sport suspension)