If I'd paid close to "retail" and bought this car from a dealership, especially a "premium" marque, I'd be extremely disappointed if it was anything short of spectacular. I get that usually no car is "perfect" and there's always a few rattles or unexplained sounds or something but a gearbox I can't trust isn't something I'd live with. One of the biggest benefits of buying new is the after sales support and a trouble free motoring experience, doesn't sound like you're getting any of that.
So what is BMW's official position? Have you had them look at it?
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