I know about the issue with the lower hatch being properly shut, found that out within five minutes of picking the car up and tried it to no avail. Thanks for the input though...

Got it back from the dealer today. The latch mechanism on the top half was not properly connecting and holding onto the bottom part. So they had to "realign" the latches. So far no problems...

Interestingly enough, there were BMWNA reps at the 1 series launch event last night when I dropped it off and the GM said he had asked and not heard of anyone else having this issue. So, at least I was finally first at something...