As you've discovered, Carfax reporting is voluntary.davery wrote:... "failed to disclose damage to vehicle and noted that vehicle had not been damaged by collision on the NC Damage Disclosure Statement", which is interesting because when the buyer bought the car the Carfax was clean.
If you've really got your heart set on this car, the safe thing would be to research the wholesale (Black Book) price for this car, then subtract one-third or more for the unibody damage. Armed with this number, fly to the dealer, drive the car and take it to a pre-arranged appointment at an independent garage to check the alignment, etc. If you're satisfied with the car and you can negotiate a fair price, buy it and drive it home.
I must say that you've got to feel really lucky to buy a 5-year-old German car that has no available factory warranty. I know a guy who was gifted a 750iL, and he can't afford it. Twelve hundred dollars to replace an interior rear door handle