I have briefly spoken with the second owner whom has owned the car for approx ten years. The current owner purchased the vehicle from a high end used car dealer in Cali when he resided there. Owner has all the service records during his ownership. The windshield and instrument cluster have been replaced. The cluster is not a ZHP cluster. A regular E46 cluster is installed which would lead one to believe the factory cluster was replaced by a BMW Center during the first ownership. For anyone interested this ZHP PM me as I ran a CarFax on it and will gladly forward.
Edit: The current owner mentioned that his indy mechanic has stated the car needs a new clutch housing. Clutch?