[LM E90]

Two Days ago, my mother picked up a 2008 X5 3.0si with 4 miles on it. When I pulled up to my house, it was backed in and I am facing the front of the car. My father comes outside and turns on the car and the passenger side fog light is on (the switch inside the car is not turned on). I turn the switch on and they both come on and turn the switch off and the one fog light stays on still WTF. Next, my father turns the car off, turns it back on and the RPM's start jumping from 500 to 2000, back and forth! So yesterday, my mom takes the car to work and she breaks down, the car just stalls out and when turned on stalls out again!!!!!!!!!!!!!!(40 miles on the car at this point!!!) What would you guys do or say to bmw at this point? On top of that, the tow truck driver tried to make my mom go with him to drop the car off at the stealership instead of just dropping the damn key into the key slot! So what would you guys say to BMW? would you request anything?