Thank you everyone! I am not going to move forward with the purchase unless I can get the car for 39k which is fair purchase price according to KBB. According to the dealership they can't budge even a dollar on the price, because it's priced to sell.
After a lot of research and bringing a BMW tech to check the car out with me I found out that the spark plugs and diff oil have never been changed. The coolant was clearly never flushed (it was disgusting inside the res) and it needs new rotors all around as well as front break pads. There was also visible oil by the PCV hoses.
In terms of exterior... the car does have some scratches on the paint and one scuff, but nothing major although the paint swirls did bother me a little. The inside was fine with the exception of wear on the steering wheel (obviously), on the center console arm rest leather, and the head rest from the driver side. The stitching on the passenger seat was becoming undone too. The wheels also had curb rash.
The only thing that bothers me is that they gave me a "Hendrick Affordable Vehicle Inspection" that passes the car with flying colors. The rotors need to be done ASAP, but according to the inspection it's good to go. It also mentions no oil leak and it "passed" the coolant fluid and differential oil inspection, when the turbo coolant res was low :/ and while the fluid in there was nasty.
Anyways, all of this led me to me an app/website/chrome extension idea. I have been purchasing PPIs for cars that I don't purchase and it's money down the drain unfortunately. They also ran my credit and I probably won't even be purchasing the car because they want full price. What I want to do is be able to share this information to potential buyers. Not everyone will be able to or want to do a PPI on a car, especially when they're given a sheet that says that the car is in mint condition and especially since it is being sold at a nice BMW dealership that sells a lot of cars. I would like for the platform to be simple to use. Just paste a vin and it will show you if any PPIs have been purchased by previous potential buyers (like me), or notes on the car from previous potential buyers that i mentioned above like curb rash, passenger seat stitching, etc.
I am very good at noticing these smaller things, but other people may not. Anyways, I am a SWE by trade so this shouldn't be too difficult to get started, but I wanted to gauge interest. LMK!
and thanks again for the reminder that this car is indeed overpriced.