Today I went to a non-MB dealer and looked at an 04 E55 blk/blk, pano, NAV with 49k miles advertised for $39,900 with a small balance of MB factory warranty. Afterward, looking closely at the Carfax, it appeared that the car was in service in March of 04, so I gave the vin to my MB dealer, who told me the warranty literally expired yesterday.
I don't think the dealer knows this yet.
If the car was advertised with the (now non-existant) warranty at $39,900, how much less do you estimate the car is worth without it?
As stated here and other places, it may not be a good thing to purchase a 55 without a warranty. There are many things that can go wrong. As Joe55 stated, talk with the dealer. A stand up dealership (do they still exist?) will try to take care of you in some way if they stated the car had a warranty. It's pretty bad if they actually knew it had a warranty that was ready to expire and you may have a slim chance of some type of recourse. Good Luck.
I just had to back out of the almost the same deal -- warranty just expired the last of Feb -- I could have bought the car (04', no Pano or distronic but everything else) for $37,800. However, despite what my wife says, I DO listen and have heard the advice to get a car with warranty -- CPO is best. So, I plan to look for an '05 and they are out there -- getting less expensive by the week. Good luck and happy hunting!