That listing is for a car with a rebuilt title and it has 50K miles, not 40K. It has 49K miles so it's MUCH closer to 50, not 40.
This car is a much better deal IMHO for the same price. No title issues and only 10K more miles.
http://cgi.ebay.com/ebaymotors/BMW-Z...item43b4f8c868
I wouldn't pay over $18K for the blue car. They are insane to even think they would get anywhere near what a clean title car is getting.