Now I'm going toe-to-toe with the dealership! They're telling me that I have to now pay more money for the new replacement that they're giving me (328xi). Of course I told them that this is something I cannot and will not do. BMWNA has been contacted again and they are involved to see what they can do for me again. I even told them that if getting into a sedan is problem then I have no problems getting into another X3.
I'm a pain in the a$$ to these people but I'm not paying any more then what I am right now for a product that is defective.
More updates to come!