The complaint was written about a 2002 x5 in 2005. It should have been under warranty. None of our 14 year old (youngest x5) is going to be covered under any warranty. Completely different situations.
The only systematic thing wrong with our transmissions (GM or ZF) is BMW's stating that the trans fluid is lifetime fluid. And that doesn't usually even become a problem until 100k miles or more.
You'll get your trans sorted and then service it regularly (60k miles is good practice) and likely never have another issue. I'm going through the same right now with my wife's e70 x5 but it has 168k miles on it. Is what it is.