Yeah, I wouldn't take the plunge if it is out of warranty. Call up your local BMW dealer and give them the VIN. They will check for you.If the CPO is included in that price, it may be ok if you could haggle them down by $1k.
Keep in mind that once the mileage crosses 80k, usually these cars take a huge hit in depreciation. For an 09, I'd look for a car with mileage in the low 30k's. Good luck!
'09 335i /i\ ZSP /|\ CA /i\ Piano Trim /|\ BMW PE /i\ AG M359