Lemon laws are not a national thing, so you need to look into what the requirements are in your state. In some, it's the days out of service, in others, it's the number times they try to fix the problem, and others, it can be a combination of the two.
I do not know if charging is part of the QA test, but it sounds like it should be!
My dealer had mine on an EVSE and charging (well, it was already charged) when I went to pick it up. That sounds like something the selling/delivering dealer should have checked prior to delivery. BMW pays the dealer a certain amount to do this. Yours may have dropped the ball.
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