TL* THE CONTACT PREVIOUSLY OWNED A 2006 BMW X5. THE CONTACT STATED THAT HE HAD AN ISSUE WITH THE BRAKE SYSTEM. HIS SPOUSE WAS DRIVING AT A LOW SPEED OF ABOUT 5-10 MPH AND WHEN SHE DEPRESSED THE BRAKE PEDAL AND THERE WAS NO RESPONSE. THE VEHICLE JUMPED THE CURB IN A PARKING LOT AND HIT THE WALL OF A BUILDING. THERE WERE NO INJURIES BUT A POLICE REPORT WAS TAKEN. IN NOVEMBER 2007, THE BRAKES FAILED AGAIN AND THE VEHICLE HIT A WOODEN POLE IN ANOTHER PARKING LOT. THERE WAS ANOTHER REPORT TAKEN AT THE SCENE OF THE ACCIDENT. THE DRIVER CITED THE BRAKES AS THE CAUSE FOR THE FAILURE AGAIN. THE CONTACT ALSO NOTICED THAT THE BRAKES WOULD NOT ENGAGE ON 3 DIFFERENT OCCASIONS BUT THE FAILURES DID NOT CAUSE ANY ACCIDENTS. THE CONTACT TOOK THE VEHICLE TO THE DEALERSHIP BUT THE DEALER STATED THAT THEY COULD NOT FIND ANYTHING WRONG WITH THE VEHICLE AND GAVE HIM THE VEHICLE BACK WITH NO REPAIRS MADE. THE CONTACT THEN TURNED THE VEHICLE IN TO THE DEALER FOR A NEWER VEHICLE. THE CONTACT HAD NOT SPOKEN WITH THE MANUFACTURER. THE MILEAGE AT THE TIME THE CONTACT SOLD THE VEHICLE WAS 14,776. THE FAILURE MILEAGE WAS 12,476.