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I think you have a lot of leverage on this and have every right to demand a MPPSK.
The CPO process is supposed to be comprehensive and there is no way it was in this case due to the tune and even worse the tire. I expect that the dealer would not want BMWNA to know about this, and the fact that this dealer drove hundreds of miles and loaned you a $60k+ car speaks to their level of concern in my opinion. This is really bad, and a threat to get BMW NA involved would be the next bullet to fire. It is not unreasonable for you to never consider BMW again to this saga.
At the same time, I have been shopping 340is lately and that car is nice. 10k mile examples are not easy to find especially in that color combo. I don't love the fact it was tuned, but there is very little chance that tune did any damage and I would not let it bother me.
I would be patient, and reasonable but also convey clarity that you realize this is wrong and you need them to make it right or will be forced to escalate the issue.
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