From what I am seeing, if you want to spend $40k or less, I don't think you will find a 2012 X5M for that price. Even a 2011 will be tough unless it has a ton of miles.
For the 2011, theres a difference depending on when it was made - before or after 10/10.
Having an X5M out of warranty is probably not the best idea, but some people do it.
Look up some of the problems some folks are having with their injectors.
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