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I know this isn't really what you want to hear, but I owned a E70 X5 I purchased 2nd hand from a girl at work. Car was clean, test drove great, panned out fine with a pre purchase inspection.
However, when the car got fully up to operating temp, the transmission would start acting up, slowing to a stoplight and it would kick hard downshifting. Squirrely shifting coming from the stop (only at temp) etc.
I purchased a new mechatronics and still no go. I only relay this due to losing money chasing a ZF tranny issue. Hopefully you found a good indy, but I would run if I was to chase this issue again.
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